18_04 Proposed Amendment to 19 TAC §100.1010
Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1010, Performance Frameworks
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1010, Performance Frameworks (PDF)
SUMMARY: The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes an amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1010, Performance Frameworks. The proposed amendment would adopt in rule the 2017 Charter School Performance Framework Manual, which would include new frameworks for adult high school diploma and industry certification charter schools in accordance with Senate Bill (SB) 276, 85th Texas Legislature, Regular Session, 2017.
STATUTORY AUTHORITY: Texas Education Code (TEC), §12.1181 and §29.259, as amended by SB 276, 85th Texas Legislature, Regular Session, 2017.
TEC, §12.1181, requires the commissioner to develop and by rule adopt performance frameworks that establish standards by which to measure the performance of an open-enrollment charter school.
TEC, §29.259, as amended by SB 276, 85th Texas Legislature, Regular Session, 2017, requires the commissioner to develop and by rule adopt standards by which to measure the performance a school operated under the adult high school diploma and industry certification charter school pilot program established by the statute.
EARLIEST POSSIBLE DATE OF ADOPTION: June 4, 2018.
PROPOSED EFFECTIVE DATE: July 31, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: TEC, §12.1181, requires the commissioner to develop and adopt rules for performance frameworks that establish standards by which to measure the performance of open-enrollment charter schools. The frameworks are used to annually evaluate each open-enrollment charter school. However, the performance of a school on a performance framework may not be considered for purposes of renewal of a charter under TEC, §12.1141(d), or revocation of a charter under TEC, §12.115(c).
The performance frameworks consist of several indices within academic, financial, and operational categories with data drawn from various sources, as reflected in the Charter School Performance Framework (CSPF) Manual adopted as a figure in §100.1010. The performance frameworks evolve from year to year, so the criteria and standards for measuring open-enrollment charter schools in the most current year may differ to some degree over those applied in the prior year. The intention is to update §100.1010 annually to refer to the most recently published CSPF Manual.
The proposed amendment to §100.1010 would adopt in rule the 2017 Charter School Performance Framework Manual. The manual would update the CSPF academic indices to incorporate new language pertaining to student assessment; edit grammar in one of the financial indices; and eliminate the operational indicator for community and student engagement ratings, which were repealed by House Bill 22, 85th Texas Legislature, Regular Session, 2017.
In addition, performance frameworks for adult high school diploma and industry certification charter schools would be added. TEC, §29.259, enacted by the 83rd Texas Legislature, 2013, established an adult high school diploma and industry certification charter school pilot program. SB 276, 85th Texas Legislature, Regular Session, 2017, amended TEC, §29.259, to remove a cap on the number of adult high school diploma and industry certification students that was previously mandated in statute and establish reporting requirements and performance frameworks for charter schools operating under this pilot program.
The proposed amendment would add new subsection (b) to include reference to the performance frameworks for adult high school diploma and industry certification charter schools, and the 2017 CSPF Manual would detail the frameworks.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs for persons or entities required to comply with the proposed amendment. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or 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 and, therefore, is not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff has determined that the proposed amendment to §100.1010 would have a government growth impact pursuant to Texas Government Code, §2001.0221. The proposed amendment would create a new regulation and increase the number of individuals subject to the rule's applicability. SB 276, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §29.259, to require the commissioner to develop and adopt performance frameworks for adult high school diploma and industry certification charter schools. The proposed amendment would include the new performance frameworks in the manual adopted as Figure: 19 TAC §100.1010(c).
PUBLIC AND STUDENT BENEFIT: The proposed amendment would inform the public of specific criteria used to measure the performance of charter schools in the CSPF Report.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal begins May 4, 2018, and ends June 4, 2018.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: 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 14 calendar days after notice of the proposal has been published in the Texas Register on May 4, 2018.
Staff Members Responsible:
Martin Winchester, Deputy Commissioner, Educator and System Support
Joe Siedlecki, Associate Commissioner, System Support and Innovation
Heather Mauzé, Director, Charter School Administration