TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 61. SCHOOL DISTRICTS

Subchapter BB. COMMISSIONER'S RULES ON REPORTING REQUIREMENTS

19 TAC §61.1025

The Texas Education Agency (TEA) adopts an amendment to §61.1025, concerning the Public Education Information Management System (PEIMS). The amendment is adopted without changes to the proposed text as published in the May 6, 2005, issue of the Texas Register (30 TexReg 2645) and will not be republished. The section defines the standards by which school districts and charter schools are to submit required information. The section also specifies the review process when data elements are added, deleted, or modified, providing consistency in updates to the PEIMS standards. The adopted amendment clarifies the description of the TEA's data collection and reporting systems. This clarification provides the additional flexibility needed to determine the best methods to collect and report data to meet state and federal statutory requirements.

Through 19 TAC §61.1025, adopted to be effective May 30, 2001, the commissioner exercised rulemaking authority over PEIMS as authorized by TEC, §42.006. The adopted amendment to 19 TAC §61.1025, Public Education Information Management System (PEIMS) Data Standards, adds new subsection (a) establishing what data comprise PEIMS; revises subsection (b) by clarifying the broader description of data standards; modifies subsection (c) by updating and refining the description of the external review process; and adds new subsection (d) delineating the agency's internal review process. The adoption clarifying the description of the agency's data collection and reporting systems also includes changing the section title to Public Education Information Management System (PEIMS) Data and Reporting Standards.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Education Code (TEC), §42.006, which authorizes the commissioner of education, in reviewing and revising the Public Education Information Management System (PEIMS), to develop rules to ensure that the PEIMS meets the requirements specified in TEC, §42.006(c)(1) - (3) and (d).

The amendment implements the Texas Education Code, §42.006.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 24, 2005.

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: July 14, 2005

Proposal publication date: May 6, 2005

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

Chapter 97. PLANNING AND ACCOUNTABILITY

Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING

19 TAC §97.1004

The Texas Education Agency (TEA) adopts new §97.1004, concerning adequately yearly progress (AYP). The new section and accompanying figure are adopted without changes to the proposed text as published in the May 6, 2005, issue of the Texas Register (30 TexReg 2647) and will not be republished. The new §97.1004 describes the procedures for determining AYP and adopts applicable excerpts, Sections II - IV of the 2004 Adequate Yearly Progress Guide , dated September 2004.

Under the accountability provisions in the federal No Child Left Behind Act, all public school campuses, school districts, and the state are evaluated for 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 has determined that the commissioner of education should take formal rulemaking action to place into the Texas Administrative Code procedures related to AYP. The intention is to annually update the rule to incorporate provisions from the most recently published AYP Guide.

The adopted new 19 TAC §97.1004 establishes provisions related to AYP and sets forth the process for evaluating campus and district AYP status. The new rule also adopts excerpts of the 2004 Adequate Yearly Progress Guide that describe specific features of the system, AYP measures and standards, and appeals. The adoption establishes in rule the specific procedures for AYP. The commissioner will establish AYP provisions annually and communicate that information with school districts and charters. Applicable procedures will be adopted each year as annual versions of the AYP manual are published.

No comments were received regarding adoption of the new section.

The new section is adopted 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 new section implements the Texas Education Code, §§7.055(b)(32), 39.073, and 39.075(a)(4).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 24, 2005.

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: July 14, 2005

Proposal publication date: May 6, 2005

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