TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 109. BUDGETING, ACCOUNTING, AND AUDITING

Subchapter AA. COMMISSIONER'S RULES CONCERNING FINANCIAL ACCOUNTABILITY RATING SYSTEM

19 TAC §109.1002

The Texas Education Agency (TEA) withdraws an amendment to §109.1002, concerning the financial accountability rating system that was published as proposed in the August 6, 2004, issue of the Texas Register (29 TexReg 7626). The section addresses financial accountability ratings assigned to school districts by the TEA and provides the financial accountability rating form entitled "School FIRST--Rating Worksheet." The proposed amendment would have updated the rating system by adding a critical indicator and enhancing other indicators. A new proposal adding more indicators, establishing a different scoring process for many measures, and creating new disclosure requirements will be brought forward at a future date.

Senate Bill (SB) 875, 76th Texas Legislature, 1999, added TEC, §39.201, requiring the commissioner of education in consultation with the comptroller of public accounts to develop proposals for a school district financial accountability rating system that was to be presented to the legislature no later than December 15, 2000. TEC, §39.201, expired September 1, 2001. Subsequently, SB 218, 77th Texas Legislature, 2001, added TEC, §§39.201 - 39.204, requiring the commissioner to adopt rules for the implementation and administration of the financial accountability rating system prescribed by TEC, Chapter 39, Subchapter I.

19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating System, adopted to be effective October 20, 2002, establishes provisions that detail the purpose, ratings, types of ratings, criteria, reporting, and sanctions for the financial accountability rating system, in accordance with SB 218, 77th Texas Legislature, 2001. The adopted rules include the financial accountability rating form entitled "School FIRST--Rating Worksheet" that explains the indicators that the Texas Education Agency will analyze to assign school district financial accountability ratings. This form specifies the minimum financial accountability rating information that a district is to report to parents and taxpayers in the district.

The rating worksheet, along with accompanying calculation instructions, was adopted in 19 TAC §109.1002 to be effective October 20, 2002, and later amended to be effective May 7, 2003. The 2003 amendment to 19 TAC §109.1002 included minor technical edits that crosswalked exhibit numbers referenced in the "School FIRST--Rating Worksheet," according to the new standard for the Annual Financial and Compliance Report filed by school districts for fiscal year 2002 - 2003. This rating worksheet, dated May 2003, establishes the indicators applicable to school district financial accountability ratings issued in fiscal years 2002 - 2003, 2003 - 2004, and to be issued in 2004 - 2005. These ratings are assigned based on data from fiscal years 2001 - 2002, 2002 - 2003, and 2003 - 2004, respectively.

The withdrawn amendment to 19 TAC §109.1002 would have updated the rating system by adding a new critical indicator and enhancing other existing indicators. The revised rating system would have been applicable to school district financial accountability ratings issued beginning in fiscal year 2005 - 2006. A new proposal adding more indicators, establishing a different scoring process for many measures, and creating new disclosure requirements will be brought forward at a future date.

Filed with the Office of the Secretary of State on February 4, 2005.

TRD-200500512

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: February 4, 2005

For further information, please call: (512) 475-1497