19_01 Adopted Amendment to 19 TAC §150.1031

Commissioner's Rules

Adopted Amendment to 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter CC, Superintendent Appraisal, §150.1031, General Provisions for Superintendent Appraisal


Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter CC, Superintendent Appraisal, §150.1031, General Provisions for Superintendent Appraisal (PDF)


SUMMARY: The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts an amendment to 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter CC, Superintendent Appraisal, §150.1031, General Provisions for Superintendent Appraisal. The adopted amendment allows the Lone Star Governance superintendent evaluation to satisfy the requirements of the commissioner's recommended appraisal process.

STATUTORY AUTHORITY: Texas Education Code (TEC), §21.354.

TEC, §21.354, requires the commissioner to adopt a recommended appraisal process and criteria on which to appraise the performance of various classifications of school administrators.

EFFECTIVE DATE: January 24, 2019.

BACKGROUND INFORMATION AND JUSTIFICATION: Through 19 TAC Chapter 150, Subchapter CC, adopted to be effective July 30, 2017, the commissioner exercised rulemaking authority related to appraisals of superintendents. Section 150.1031 implements the TEC, §21.354, by establishing the methods by which a superintendent may be appraised. The methods include an appraisal system recommended by the commissioner of education or a local appraisal system.

The adopted amendment specifies that use of the superintendent evaluation contained in the Lone Star Governance training will satisfy the minimum requirements outlined in TEC, §21.354. Without the adopted amendment, districts would be required to perform an additional superintendent evaluation to satisfy the requirements for the commissioner's recommended appraisal process in §150.1031(b), which would be duplicative.

In response to public comment, new subsection (c) was modified at adoption to change the word "will" to "may" to indicate that the superintendent evaluation contained in the Lone Star Governance training may satisfy the minimum requirements outlined in TEC, §21.354, but is not required to be used to satisfy those requirements.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the amendment. School districts are presently required to appraise superintendents annually using either the commissioner's recommended appraisal process and performance criteria or an appraisal process and criteria developed by the district in consultation with district- and campus-level committees established under TEC, §11.251, and adopted by the board of trustees. The amendment allows for the completion of the Lone Star Governance superintendent evaluation to satisfy the requirements of the commissioner's recommended appraisal process. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this rulemaking. The amendment would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC AND STUDENT BENEFIT: By allowing a Lone Star Governance evaluation to satisfy the commissioner's recommended appraisal process, the adopted amendment avoids the unnecessary use of resources in performing two similar evaluations.

PROCEDURAL AND REPORTING IMPLICATIONS: The adopted amendment will have no procedural or reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The adopted amendment does not have any locally maintained paperwork requirements.

PUBLIC COMMENTS: The public comment period on the proposal began November 2, 2018, and ended December 3, 2018. Following is a summary of the public comments received and agency responses.

Comment: The Texas Association of School Administrators (TASA) and Texas Association of School Boards (TASB) suggested changing the word "will" to "may" in subsection (c) of the proposed amendment to read, "Completion of the Lone Star Governance superintendent evaluation may satisfy the requirements of subsection (b) of this section."

Both TASA and TASB noted that this change will ensure that in evaluating superintendents, school boards are not limited to only the Lone Star Governance evaluation process and may incorporate additional evaluation measures. TASB additionally noted that the suggested change would clarify that a board may evaluate its superintendent at times other than those required by Lone Star Governance.

Agency Response: The agency agrees, and subsection (c) has been modified at adoption to include the suggested change.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

Staff Member Responsible:
Chris Cowan, Director, Enforcement Coordination