PART 2. TEXAS EDUCATION AGENCY
CHAPTER 97. PLANNING AND ACCOUNTABILITY
SUBCHAPTER AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §97.1001 is not included in the print version of the Texas Register. The figure is available in the on-line version of the May 29, 2009, issue of the Texas Register.)
The Texas Education Agency (TEA) proposes an amendment to §97.1001, concerning accountability. The section describes the state accountability rating system and annually adopts the most current accountability manual. The proposed amendment would adopt 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 proposed amendment to 19 TAC §97.1001 would adopt 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 proposed amendment would also modify 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 proposed amendment would place 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 proposed amendment would have no locally maintained paperwork requirements.
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 additional costs for state or 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 rating procedures for the public schools 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 29, 2009, and ends June 29, 2009. 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 29, 2009.
The amendment is proposed 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).
§97.1001.Accountability Rating System.
(a) The rating standards established by the commissioner of education under Texas Education Code (TEC), §39.051(c) and (d), shall be used to evaluate the performance of districts, campuses, and charter schools. The indicators, standards, and procedures used to determine ratings under both standard and alternative education accountability (AEA) procedures will be annually published in official Texas Education Agency publications. These publications will be widely disseminated and cover the following procedures:
(1) indicators, standards, and procedures used to determine district ratings;
(2) indicators, standards, and procedures used to determine campus ratings;
(3) indicators, standards, and procedures used to determine acknowledgment on Additional Indicators; and
(4) procedures for submitting a rating appeal.
(b) The standard and alternative procedures by which
districts, campuses, and charter schools are rated and acknowledged
for 2009 [2008] are based upon specific criteria
and calculations, which are described in excerpted sections of the
2009 [2008] Accountability Manual
provided in this subsection.
Figure: 19 TAC §97.1001(b) (.pdf)
[Figure: 19 TAC §97.1001(b)]
(c) Ratings may be revised as a result of investigative activities by the commissioner as authorized under TEC, §39.074 and §39.075.
(d) The specific criteria and calculations used in the accountability manual are established annually by the commissioner of education and communicated to all school districts and charter schools.
(e) The specific criteria and calculations used in
the annual accountability manual adopted for school years prior to
2009-2010 [2008-2009] remain in effect for all purposes, including
accountability, 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 18, 2009.
TRD-200901940
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 475-1497