PART 2. TEXAS EDUCATION AGENCY
CHAPTER 97. PLANNING AND ACCOUNTABILITY
SUBCHAPTER AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
The Texas Education Agency (TEA) adopts an amendment to §97.1005, concerning accountability and performance monitoring. The amendment is adopted without changes to the proposed text or manual as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3866) and will not be republished. The section describes the purpose of the Performance-Based Monitoring Analysis System (PBMAS) and manner in which school districts and charter school performance is reported. The section also adopts the most recently published PBMAS Manual. The adopted amendment adopts applicable excerpts of the Performance-Based Monitoring Analysis System 2008 Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed.
House Bill 3459, 78th Texas Legislature, 2003, added the Texas Education Code (TEC), §7.027, limiting and redirecting monitoring done by the TEA to that required to ensure school district and charter school compliance with federal law and regulations; financial accountability, including compliance with grant requirements; and data integrity for purposes of the Public Education Information Management System (PEIMS) and accountability under TEC, Chapter 39. Legislation passed in 2005 renumbered TEC, §7.027, to TEC, §7.028. To meet this monitoring requirement, the agency developed the PBMAS, which is used in conjunction with other evaluation systems, to monitor performance and program effectiveness of special programs in school districts and charter schools.
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 the PBMAS. Given the statewide application of the PBMAS and the existence of sufficient statutory authority for the commissioner of education to formally adopt rules in this area, portions of each annual PBMAS Manual have been adopted since the first PBMAS Manual was developed in 2004-2005. The PBMAS evolves from year to year, and the intent is to annually update 19 TAC §97.1005 to refer to the most recently published PBMAS Manual.
The adopted amendment to 19 TAC §97.1005 updates the current rule by adopting excerpted sections of the PBMAS 2008 Manual. These excerpted sections describe the specific criteria and calculations that will be used to assign 2008 PBMAS performance levels.
The 2008 PBMAS includes several key changes from the 2007 system. Texas Assessment of Knowledge and Skills (TAKS) (Accommodated) results for English Language Arts (Grade 11), Mathematics (Grade 11), Science (Grades 5, 8, 10, and 11), Science (Grade 5 Spanish), and Social Studies (Grades 8, 10, and 11) have been incorporated into TAKS performance indicators as appropriate. TAKS Grade 8 Science results have also been incorporated into all TAKS performance indicators. As a result of the Texas English Language Proficiency Assessment System (TELPAS) standard setting timeline, the Reading Proficiency Test in English (RPTE) Multi-Year Beginning Proficiency Level Rate indicator used in the 2007 PBMAS has been suspended and will be reinstated with the 2009 PBMAS. No Child Left Behind (NCLB) Indicator #1(i-ii) used in the 2007 PBMAS has been replaced with Title I, Part A TAKS passing rate indicators in Mathematics, Reading/ELA, Science, Social Studies, and Writing. In addition, three new Title I, Part A Report Only indicators have been added to the NCLB program area.
A new indicator to measure potential disproportionate out-of-school suspensions of students with disabilities has been added to the special education program area. Several new or revised participation indicators are being implemented in the 2008 PBMAS. These indicators measure students' participation in TAKS, TAKS (Accommodated), TAKS-Modified, and TAKS-Alternate. Finally, adjustments have been made to the performance level cut points for all PBMAS TAKS performance indicators, and a hold harmless provision has been added to the special education program area to address the impact of the phase-in of TAKS (Accommodated) and Grade 8 Science results into the 2008 PBMAS. Changes to the PBMAS indicators for 2008 are marked in the manual as "New!" for easy reference.
The adopted amendment also modifies subsection (d) to specify that the PBMAS manual adopted for the school years prior to 2008-2009 will remain in effect with respect to those school years.
The TEA determined that the adopted amendment will have no direct adverse economic impact for small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal began May 16, 2008, and ended June 15, 2008. No public comments were received.
The amendment is adopted under the Texas Education Code, §7.028, which authorizes the agency to monitor as necessary to ensure school district and charter school compliance with state and federal law and regulations.
The amendment implements the Texas Education Code, §7.028.
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 25, 2008.
TRD-200803337
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 15, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 475-1497