Part 2. TEXAS EDUCATION AGENCY
Chapter 97. PLANNING AND ACCOUNTABILITY
Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
(Editor's note: In accordance with Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §97.1005 is not included in the print version of the Texas Register. The figure is available in the on-line edition of the May 16, 2008, issue of the Texas Register.)
The Texas Education Agency (TEA) proposes an amendment to §97.1005, concerning accountability and performance monitoring. 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 proposed amendment would adopt 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 proposed amendment to 19 TAC §97.1005 would update 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 proposed amendment would also modify 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.
Criss Cloudt, associate commissioner for assessment, accountability, and data quality, has determined that for the first five-year period the amendment 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 amendment will be to continue to inform the public of the existence of annual manuals specifying PBMAS procedures by including this rule in the Texas Administrative Code . There is no anticipated economic cost to persons who are required to comply with the proposed amendment.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal begins May 16, 2008, and ends June 15, 2008. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 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. A request for a public hearing on the proposal 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 Texas Register on May 16, 2008.
The amendment is proposed 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.
§97.1005.Performance-Based Monitoring Analysis System.
(a) In accordance with Texas Education Code, §7.028(a), the purpose of the Performance-Based Monitoring Analysis System (PBMAS) is to report annually on the performance of school districts and charter schools in selected program areas: bilingual education/English as a Second Language, career and technical education, special education, and certain Title programs under the federal No Child Left Behind Act. The performance of a school district or charter school is reported through indicators of student performance and program effectiveness and corresponding performance levels established by the commissioner of education.
(b) The assignment of performance levels for school
districts and charter schools in the 2008 [2007]
PBMAS is based on specific criteria and calculations, which are described
in excerpted sections of the PBMAS 2008 [2007]
Manual provided in this subsection.
Figure: 19 TAC §97.1005(b) (.pdf)
[Figure: 19 TAC §97.1005(b)]
(c) The specific criteria and calculations used in the PBMAS 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 annual PBMAS manual adopted for the school years prior to
2008-2009 [2007-2008
] remain in effect for all purposes, including
accountability and performance monitoring, data standards, and audits,
with respect to those school years.
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 May 5, 2008.
TRD-200802346
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 475-1497