Part 2.
TEXAS EDUCATION AGENCY
Chapter 97.
PLANNING AND ACCOUNTABILITY
Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
19 TAC §97.1004
(Editor's Note: In accordance with Government Code, §2002.014,
which permits the omission of material which is "cumbersome, expensive, or
otherwise inexpedient," Figure: 19 TAC §97.1004(b) is not included in
the print version of the Texas Register. The Figure is available in the on-line
version of the August 26, 2005, issue of the Texas Register.)
The Texas Education Agency (TEA) proposes amendment
to §97.1004, concerning adequate yearly progress (AYP). The section
describes the procedures for determining AYP and adopts applicable excerpts
of the
2004 Adequate Yearly Progress Guide
,
dated September 2004. The proposed amendment would adopt applicable excerpts
of the
2005 Adequate Yearly Progress Guide
,
dated June 2005.
Under the accountability provisions in the federal No Child Left Behind
Act, all public school campuses, school districts, and the state are evaluated
for Adequate Yearly Progress (AYP). Districts, campuses, and the state are
required to meet AYP criteria on three measures: reading/language arts, mathematics,
and either graduation rate (for high schools and districts) or attendance
rate (for elementary and middle/junior high schools). If a campus, district,
or state that is receiving Title I, Part A funds fails to meet AYP for two
consecutive years, that campus, district, or state is subject to certain requirements
such as offering supplemental educational services, offering school choice,
or taking corrective actions. To implement these requirements, the agency
developed the AYP Guide. Agency legal counsel determined that the commissioner
of education should take formal rulemaking action to place into the
Through 19 TAC §97.1004, adopted to be effective July 14, 2005, the
commissioner exercised rulemaking authority to establish provisions related
to AYP and set forth the process for evaluating campus and district AYP status.
This rule also adopted applicable excerpts,
Sections
II-IV
, of the
2004 Adequate Yearly Progress
Guide
, dated September 2004, that describe specific features of the
system, AYP measures and standards, and appeals. The proposed amendment to
19 TAC §97.1004 would update the rule to adopt applicable excerpts,
Criss Cloudt, associate commissioner for accountability and data quality,
has determined that for the first five-year period the new section is in effect
there will be no fiscal implications for state and local government as a result
of enforcing or administering the amendment.
Dr. Cloudt has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the section will be to continue to inform the public of the AYP rating procedures
for the public schools. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the proposed amendment.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed amendment submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of the proposal has been published in the
The amendment is proposed under the Texas Education Code (TEC), §7.055(b)(32),
which authorizes the commissioner to perform duties in connection with the
public school accountability system as prescribed by TEC, Chapter 39; TEC, §39.073,
which authorizes the commissioner to determine how all indicators adopted
under TEC, §39.051(b), may be used to determine accountability ratings;
and TEC, §39.075(a)(4), which authorizes the commissioner to conduct
special accreditation investigations in response to state and federal program
requirements.
The amendment implements the Texas Education Code, §§7.055(b)(32),
39.073, and 39.075(a)(4).
§97.1004.Adequate Yearly Progress.
(a)
In accordance with the federal No Child Left Behind Act
and Texas Education Code
,
§§7.055(b)(32), 39.073, and
39.075, all public school campuses, school districts, and the state are evaluated
for Adequate Yearly Progress (AYP). Districts, campuses, and the state are
required to meet AYP criteria on three measures: reading/language arts, mathematics,
and either graduation rate (for high schools and districts) or attendance
rate (for elementary and middle/junior high schools). The performance of a
school district, campus, or the state is reported through indicators of AYP
status established by the commissioner of education.
(b)
The determination of AYP for school districts and charter
schools in
2005
[
Figure: 19 TAC §97.1004(b) (.pdf)
(c)
The specific criteria and calculations used in AYP are
established annually by the commissioner of education and communicated to
all school districts and charter schools.
(d)
The specific criteria and calculations
used in the AYP Guide adopted for the school year prior to 2005-2006 remain
in effect for all purposes, including accountability, data standards, and
audits, with respect to that school year.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 15, 2005.
TRD-200503393
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: September 25, 2005
For further information, please call: (512) 475-1497
2004
] is based on specific criteria
and calculations, which are described in excerpted sections of the
2005
[
2004
] AYP Guide provided in this subsection.