19 TAC §97.1001
The Texas Education Agency (TEA) adopts an amendment
to §97.1001, concerning accountability. The amendment is adopted
without changes to the proposed text as published in the May 29, 2009,
issue of the Texas Register (34 TexReg
3337) and will not be republished. The section describes the state
accountability rating system and annually adopts the most current
accountability manual. The amendment adopts applicable excerpts of
the 2009 Accountability Manual. Earlier
versions of the manual will remain in effect with respect to the school
years for which they were developed.
Legal counsel with the TEA has recommended that the procedures
for issuing accountability ratings for public school districts and
campuses be adopted as part of the Texas
Administrative Code. This decision was made in 2000 given a
court decision challenging state agency decision making via administrative
letter/publications. Given the statewide application of the accountability
rating process and the existence of sufficient statutory authority
for the commissioner of education to formally adopt rules in this
area, portions of each annual accountability manual have been adopted
since 2000. The accountability system evolves from year to year so
the criteria and standards for rating and acknowledging schools in
the most current year differ to some degree over those applied in
the prior year. The intention is to annually update 19 TAC §97.1001
to refer to the most recently published accountability manual.
The amendment to 19 TAC §97.1001 adopts excerpts of the
2009 Accountability Manual into rule as
a figure. The excerpts, Chapters 2-6, 8,
10-13, 15-17, and Appendix K of
the 2009 Accountability Manual, specify
the indicators, standards, and procedures used by the commissioner
of education to determine accountability ratings, both standard and
alternative education accountability (AEA) procedures, for districts,
campuses, and charter schools. These chapters also specify indicators,
standards, and procedures used to determine Gold Performance Acknowledgment
(GPA) on additional indicators for Texas public school districts and
campuses. The TEA will issue accountability ratings under the procedures
specified in the 2009 Accountability Manual by
August 1, 2009. Ratings may be revised as a result of investigative
activities by the commissioner as authorized under TEC, §39.074
and §39.075.
In 2009, campuses and districts will be evaluated using three base
indicators: Texas Assessment of Knowledge and Skills (TAKS) results,
completion rates, and annual dropout rates. In 2009, the GPA system
will award acknowledgment on up to 15 separate indicators to districts
and campuses rated Academically Acceptable,
AEA Academically Acceptable, or higher: Attendance Rate for
Grades 1-12; Advanced Course/Dual Enrollment Completion; Advanced
Placement/International Baccalaureate Results; College Admissions
Test Results; Commended Performance on Reading/English Language Arts
(ELA), Mathematics, Writing, Science and/or Social Studies; Recommended
High School Program/Distinguished Achievement Program Participation;
Comparable Improvement on Reading/ELA and Mathematics; Texas Success
Initiative - Higher Education Readiness Component on ELA and/or Mathematics;
and College-Ready Graduates.
The adopted amendment also modifies subsection (e) to specify that
accountability manuals adopted for school years prior to 2009-2010
will remain in effect with respect to those school years.
The adopted amendment places the specific procedures contained
in Chapters 2-6, 8, 10-13, 15-17, and
Appendix K of the 2009
Accountability Manual for annually rating school districts
and campuses in the Texas Administrative
Code. Applicable procedures would be adopted each year as annual
versions of the accountability manual are published. The adopted amendment
has no locally maintained paperwork requirements.
The TEA determined that the amendment will have 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 began May 29, 2009, and
ended June 29, 2009. Following is a summary of the public comments
received and corresponding agency response regarding the proposed
amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter
AA, Accountability and Performance Monitoring, §97.1001, Accountability
Rating System.
Comment. The superintendents of Dallas Independent School District
(ISD), Houston ISD, El Paso ISD, and Grand Prairie ISD requested the
minimum performance floor be reinstated to 10 points below the standard
for Grade 8 science for use of the exceptions provision to gate up
to Academically Acceptable in the 2009 state accountability system.
Agency Response. The agency disagrees and has maintained language
as published as proposed. During the development of the 2009 accountability
system procedures, the Educator Focus Group and the Commissioner's
Accountability Advisory Committee (CAAC) reviewed and discussed the
change in this floor requirement from 10 points to the more rigorous
five points below the standard.
The advisory groups understood that middle schools will not have
the same benefit of the Texas Projection Measure (TPM) in science
as will elementary and high schools in 2009. However Required Improvement
(RI) will continue to be included in the 2009 accountability system
as a mechanism to elevate a rating to either Academically
Acceptable or Recognized. The
primary concern with lowering the performance floor relates to the
Academically Acceptable science standard
of only 50%. A 10 point floor would allow campuses with 60% failure
rates to be rated as acceptable in 2009. The five point floor allows
eligible campuses to achieve that rating even with only 45% of their
students passing Grade 8 science. It is the agency's response that
the performance floors recommended by the advisory groups and finalized
this past spring by the commissioner are appropriate for the 2009
accountability ratings.
Comment. The superintendent of Richardson ISD requested the commissioner
reconsider the accountability standards for the Completion Rate I
indicator used to evaluate campuses and districts under standard procedures.
The standards are 75.0%, 85.0%, and 95.0% for Academically
Acceptable, Recognized, and Exemplary, respectively. Richardson ISD
requested they be set at 70.0%, 80.0%, and 90.0% instead.
Agency Response. The agency disagrees and has maintained language
as published as proposed. During the development of the 2009 accountability
system procedures, the Educator Focus Group and the CAAC considered
alternatives for the Completion Rate I standards. Ultimately the commissioner
decided to maintain the standards for 2009 as they were published
in the 2008 Accountability Manual and
adopted as commissioner rule. These standards were published well
in advance of their use, establishing clear expectations of the completion
rate standards districts needed to meet. In addition, the School Leaver
Provision (SLP) was extended to apply to both the 2007 and 2008 ratings
year, giving districts additional time to prepare and adjust to the
changes in the completion rate definition. Though the Exception Provision
does not apply to completion rates, districts and campuses are able
to meet the completion rate criteria for achieving
Academically Acceptable or Recognized by either meeting the absolute
standard or demonstrating RI. With improved passing rates on the TAKS
exit-level test for the class of 2008, improved completion rates were
expected for some campuses and districts despite the continued phase-in
of the NCES dropout definition. Finally, a lower
Academically Acceptable standard would allow more than 25.0%
of a class to be non-completers, an unacceptable starting point for
phasing in to higher completion standards over time.
The amendment is adopted under the Texas Education Code, §§39.051(c)-(d),
39.072(c), 39.0721, 39.073, and 29.081(e), which authorize the commissioner
of education to specify the indicators, standards, and procedures
used to determine standard accountability ratings and alternative
education accountability ratings and to determine acknowledgment on
additional indicators.
The amendment implements the Texas Education Code, §§39.051(c)-(d),
39.072(c), 39.0721, 39.073, and 29.081(e).
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 July 2, 2009.
TRD-200902743
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 22, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 475-1497