18_05 Proposed Amendment to 19 TAC §97.1005
Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System
Attachments:
I. Statutory Citations
II. Text of Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System
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 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System. The proposed amendment would adopt in rule the 2018 Performance-Based Monitoring Analysis System (PBMAS) Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.021, 7.028, 12.056, 12.104, 29.001, 29.0011, 29.010(a), 29.062, 29.066, 29.182, 39.051, 39.052, 39.053, 39.054, 39.0541, 39.056, 39.057, 39.058, 39A.001, 39A.002, 39A.004, 39A.005, 39A.007, 39A.051, and 39A.063.
TEC, §7.021(b)(1), authorizes the Texas Education Agency (TEA) to administer and monitor compliance with education programs required by federal or state law, including federal funding and state funding for those programs.
TEC, §7.028, authorizes the TEA to monitor as necessary to ensure school district and charter school compliance with federal law and regulations, financial integrity and data integrity. Section 7.028(a) also authorizes the TEA to monitor special education programs for compliance with state and federal laws. Section 7.028 also authorizes the agency to monitor school district and charter schools through its investigative process.
TEC, §12.056, requires that a campus or program for which a charter is granted under the TEC, Chapter 12, Subchapter C, is subject to any prohibition relating to the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with the TEC, Chapter 12, Subchapter C, as determined by the commissioner; high school graduation under the TEC, §28.025; special education programs under the TEC, Chapter 29, Subchapter A; bilingual education under the TEC, Chapter 29, Subchapter B; and public school accountability under the TEC, Chapter 39, Subchapters B, C, D, F, and J, and Chapter 39A.
TEC, §12.104, states that a charter granted under the TEC, Chapter 12, Subchapter D, is subject to a prohibition, restriction, or requirement, as applicable, imposed by the TEC, Title 2, or a rule adopted under the TEC, Title 2, relating to the PEIMS to the extent necessary to monitor compliance with the TEC, Chapter 12, Subchapter D, as determined by the commissioner; high school graduation requirements under the TEC, §28.025; special education programs under the TEC, Chapter 29, Subchapter A; bilingual education under the TEC, Chapter 29, Subchapter B; discipline management practices or behavior management techniques under the TEC, §37.0021; public school accountability under the TEC, Chapter 39, Subchapters B, C, D, F, G, and J, and Chapter 39A; and intensive programs of instruction under the TEC, §28.0213.
TEC, §29.001, authorizes the TEA to effectively monitor all local educational agencies (LEAs) to ensure that rules relating to the delivery of services to children with disabilities are applied in a consistent and uniform manner, to ensure that LEAs are complying with those rules, and to ensure that specific reports filed by LEAs are accurate and complete.
TEC, §29.0011(b), authorizes the TEA to meet the requirements under (1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the: (A) Identification of children as children with disabilities, including the identification of children as children with particular impairments; (B) Placement of children with disabilities in particular educational settings; and (C) Incidence, duration, and type of disciplinary actions taken against children with disabilities including suspensions or expulsions; or (2) 20 U.S.C. Section 1416(a)(3)(C) and its implementing regulations to address in the statewide plan the percentage of schools with disproportionate representation of racial and ethnic groups in special education and related services and in specific disability categories that results from inappropriate identification.
TEC, §29.010(a), authorizes the TEA to adopt and implement a comprehensive system for monitoring LEA compliance with federal and state laws relating to special education, including ongoing analysis of LEA special education data.
TEC, §29.062, authorizes the TEA to evaluate and monitor the effectiveness of LEA programs and apply sanctions concerning students with limited English proficiency.
TEC, §29.066, authorizes PEIMS reporting requirements for school districts that are required to offer bilingual education or special language programs to include the following information in the district's PEIMS report: (1) demographic information, as determined by the commissioner, on students enrolled in district bilingual education or special language programs; (2) the number and percentage of students enrolled in each instructional model of a bilingual education or special language program offered by the district; and (3) the number and percentage of students identified as students of limited English proficiency who do not receive specialized instruction.
TEC, §29.182, authorizes the State Plan for Career and Technology Education to ensure the state complies with requirements for supplemental federal career and technology funding.
TEC, §39.051 and §39.052, authorize the commissioner to determine criteria for accreditation statuses and to determine the accreditation status of each school district and open-enrollment charter school.
TEC, §39.053, authorizes the commissioner to adopt a set of indicators of the quality of learning and achievement and requires the commissioner to periodically review the indicators for consideration of appropriate revisions.
TEC, §39.054(b-1), authorizes the TEA to consider the effectiveness of district programs for special populations, including career and technical education programs, when determining accreditation statuses.
TEC, §39.0541, authorizes the commissioner to adopt indicators and standards under the TEC, Chapter 39, Subchapter C, at any time during a school year before the evaluation of a school district or campus.
TEC, §§39.056, 39.057, and 39.058, authorize the commissioner to adopt procedures relating to monitoring reviews and special accreditation investigations.
TEC, §39A.001, authorizes the commissioner to take any of the actions authorized by the TEC, Chapter 39, Subchapter A, to the extent the commissioner determines necessary if a school does not satisfy the academic performance standards under the TEC, §39.053 or §39.054, or based upon a special accreditation investigation.
TEC, §39A.002, authorizes the commissioner to take certain actions if a school district becomes subject to commissioner action under the TEC, §39A.001.
TEC, §39A.004, authorizes the commissioner to appoint a board of managers to exercise the powers and duties of a school district's board of trustees if the district is subject to commissioner action under the TEC, §39A.001, and has a current accreditation status of accredited-warned or accredited-probation; or fails to satisfy any standard under the TEC, §39.054(e); or fails to satisfy any financial accountability standard.
TEC, §39A.005, authorizes the commissioner to revoke school accreditation if the district is subject to the TEC, §39A.001, and, for two consecutive school years has received an accreditation status of accredited-warned or accredited-probation, failed to satisfy any standard under the TEC, §39.054(e), or has failed to satisfy a financial performance standard.
TEC, §39A.007, authorizes the commissioner to impose a sanction designed to improve high school completion rates if the district has failed to satisfy any standard under the TEC, §39.054(e), due to high school completion rates.
TEC, §39A.051, authorizes the commissioner to take action based on campus performance that is below any standard under the TEC, §39.054(e).
TEC, §39A.063, authorizes the commissioner to accept substantially similar intervention measures as required by federal accountability measures in compliance with the TEC, Chapter 39A.
EARLIEST POSSIBLE DATE OF ADOPTION: June 18, 2018.
PROPOSED EFFECTIVE DATE: August 9, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: HB 3459, 78th Texas Legislature, 2003, added the 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 Texas Student Data System (TSDS) 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 TEA 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.
The TEA has adopted its PBMAS Manual in rule since 2005. The PBMAS is a dynamic system that evolves over time, so the specific criteria and calculations for monitoring performance and program effectiveness may differ from year to year. The intent is to update 19 TAC §97.1005 annually to refer to the most recently published PBMAS Manual.
The proposed amendment to 19 TAC §97.1005 would update the current rule by adopting the 2018 PBMAS Manual, which describes the specific criteria and calculations that will be used to assign 2018 PBMAS performance levels.
The 2018 PBMAS includes several key changes from the 2017 system. Revisions to the PBMAS include the following.
The availability of an additional year's data enables the Special Analysis component to be reinstated for all English language arts (ELA) State of Texas Assessments of Academic Readiness (STAAR®) end-of-course (EOC) indicators. The minimum level of satisfactory performance described in the 2018 PBMAS Manual corresponds with the labels adopted under 19 TAC §101.3041, Performance Standards: Approaches Grade Level (STAAR®/STAAR® Spanish) and Level II: Satisfactory Academic Performance (STAAR® Alternate 2).
Bilingual Education and English as a Second Language (BE/ESL)
For 2017 and prior, the composite ratings were calculated using, in part, the student's Texas English Language Proficiency Assessment System (TELPAS) Listening and Speaking (Grades 2-12) performance as determined by a holistic rating system. In 2018, the composite ratings will instead use the student's TELPAS Listening and Speaking performance as determined by the new item-based standardized assessments. Due to this change and the timing of standard setting in late summer, BE/ESL Indicator #8 (TELPAS Reading Beginning Proficiency Level Rate) and BE/ESL Indicator #9 (TELPAS Composite Rating Levels for Students in U.S. Schools Multiple Years) are Report Only for the 2018 PBMAS.
Career and Technical Education (CTE)
Coding for the CTE Tech Prep program was discontinued in the 2016-2017 TSDS. The CTE Tech Prep bubble, however, was available on the Summer 2017 STAAR® EOC answer documents. Any STAAR® EOC Summer answer document submitted with the CTE Tech Prep bubble marked (CTE indicator code 3) will be included in the accountable district's results for the relevant PBMAS CTE STAAR® EOC indicator(s).
Performance levels will be assigned for CTE Indicator #7 (CTE Nontraditional Course Completion Rate - Males) and CTE Indicator #8 (CTE Nontraditional Course Completion Rate - Females) in the 2018 PBMAS. Appendix A in the 2018 PBMAS Manual reflects a modified course list for CTE Indicator #8 CTE Nontraditional Course Completion Rate - Females; two courses listed in the 2017 PBMAS were deleted.
Every Student Succeeds Act (ESSA)
For the 2018 PBMAS, there are no changes specific to the ESSA program area. However, indicators in this program area are being implemented based on the overall changes described in this manual that affect all PBMAS program areas in 2018.
Special Education (SPED)
In the 2017 PBMAS, three Significant Disproportionality (SD) indicators, SPED Representation (Ages 3-21), SPED Regular Class 10 Days Rate (Ages 3-21), SPED ISS 10 Days Rate (Ages 3-21), and SPED Total Disciplinary Removals Rate (Ages 3-21), also have been implemented based on the federal regulations in 34 CFR Part 300 and were previewed in the 2017 Discipline Data Validation system. These five discipline SD indicators have been added as SPED Indicators #12 - #16 in the 2018 PBMAS Manual. All aforementioned SD indicators will be implemented continually based on 34 CFR Part 300. Districts designated as SD (Year 1) or SD (Year 2) will be reported in the 2018 PBMAS. SD (Year 1) reflects a district that first received an SD designation in 2018 and not in the previous year. SD (Year 2) reflects a district that received an SD designation for both 2018 and the previous year.
For all SPED SD Indicators #9 - #16, districts designated as SD (Year 1) or SD (Year 2) in the 2018 PBMAS report are only for information and planning purposes because the U.S. Department of Education has proposed a delay of these regulations.
The order for SPED Annual Dropout Rate (Grades 7-12), SPED Graduation Rate, SPED Regular Early Childhood Program Rate (Ages 3-5), SPED Regular Class ≥80% (Ages 6-21), SPED Regular Class
FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. 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 proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it 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: The proposed amendment will continue to inform the public of the existence of annual manuals specifying PBMAS procedures by including this rule in the Texas Administrative Code.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment establishes in rule the PBMAS procedures for assigning the 2018 PBMAS Performance Levels. Applicable procedures will be adopted each year as annual versions of the PBMAS Manual are published.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment has no locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal begins May 18, 2018, and ends June 18, 2018.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Two public hearings on the proposed amendment will be held from 8:30 a.m. until the conclusion of testimony or not later than 11:30 a.m. on June 4 and 8, 2018, in Room 1-111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Questions about the hearings should be directed to Performance-Based Monitoring at (512) 936-6426.
Staff Members Responsible:
Penny Schwinn, Chief Deputy Commissioner, Academics
Jamie Crowe, Executive Director, Performance Reporting
Suzanne Martinez Villalpando, Director, Performance-Based Monitoring