18_05 Proposed New 19 TAC §97.1070
Commissioner's Rules
Proposed New 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1070, Increasing Intensity of Interventions and Sanctions
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed New 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1070, Increasing Intensity of Interventions and Sanctions (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 new 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1070, Increasing Intensity of Interventions and Sanctions. The proposed new rule would provide clarity regarding when the commissioner may exercise the statutory authority to increase the level of intervention and sanction applicable to a school district, an open-enrollment charter school, or a campus thereof.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§39A.901, 39A.251, and 39A.252.
TEC, §39A.901, requires the commissioner to annually review the performance of school districts (as well as open-enrollment charter schools) or campuses subject to intervention and sanction. The statute requires the commissioner to increase the level of state intervention and sanction if the review indicates a lack of improvement unless the commissioner finds good cause for maintaining the current status.
TEC, §39A.251, applies interventions and sanctions for a school district or campus to an open-enrollment charter school.
TEC, §39A.252, authorizes the commissioner to adopt rules regarding interventions and sanctions as those provisions relate to open-enrollment charters schools.
EARLIEST POSSIBLE DATE OF ADOPTION: July 2, 2018.
PROPOSED EFFECTIVE DATE: August 15, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: Proposed new §97.1070, Increasing Intensity of Interventions and Sanctions, would implement the TEC, §39A.901, which requires the commissioner to increase the level of state intervention and sanction for a school district, an open-enrollment charter school, or a campus thereof if an annual review of performance indicates a lack of improvement, unless the commissioner finds good cause for maintaining the current status.
Proposed new subsection (a) would indicate that the increase in level of intervention or sanction may be any of the interventions or sanctions authorized by the legislature, including closure or placement of a board of managers. The statute authorizes increasing levels but places no limitation on the amount of increase. In order to ensure students access to a successful educational program, the commissioner may exercise any authorized intervention or sanction in circumstances where the school district, open-enrollment charter school, or campus thereof (a school system) fails to improve the education provided to its students.
Proposed new subsection (b) would define lack of improvement as failure to change the overall rating of the school system subject to intervention to a higher overall rating. The current accountability system already looks at overall performance and improvement in performance. As school systems benefit from the better of overall performance or improvement in performance, the overall rating already accounts for appropriate measures of improvement and thus represents the most appropriate level of scrutiny for the statutory standard.
Proposed new subsection (c) would identify when the commissioner may exercise the authority to increase the level of intervention or sanction. One instance would be when a school system has exceeded the statutory limits on when final action must be taken. The reasons could be a transition provision or multiple years when a school district received a Not Rated rating. If the school system has failed to show improvement in student performance, rather than allow continued non-performance for students, the commissioner may increase the level of intervention or sanction to ensure students receive access to a quality educational program. Another instance would be when an intervening year does not otherwise count toward consecutive years of unacceptable performance, but evidence shows that student performance has not improved. A school system should not benefit from ancillary events that impeded accountability when evidence clearly demonstrates that the school system has not improved the performance of its students. Further, as not all issues can be predicted, the commissioner would exercise this authority in situations when doing so would better fulfill the purpose of accountability. If a school system fails to show the ability to provide quality education opportunities to students, then action should be taken to swiftly intervene on behalf of the affected students.
Proposed new subsection (d) would establish that the commissioner may consider evidence from accountability ratings, accountability appeals, or any other evidence that shows good cause for maintaining the level of intervention or sanction. The subsection would also make clear that the commissioner is not required to make an affirmative finding that no good cause exists for maintaining the current level of sanction or intervention. This maximizes the information the commissioner will consider but forecloses technical arguments that might impede intervening on a school system that has failed to improve student performance.
FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed new rule. 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 new rule 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 new rule would ensure the public is informed of an intervention process and related standards due to unacceptable performance of a school district, an open-enrollment charter school, or a campus thereof.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed new rule would have no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed new rule would not increase locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal begins June 1, 2018, and ends July 2, 2018.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A public hearing on the proposed new rule will be held from 1:00 p.m. until the conclusion of testimony or not later than 3:00 p.m. on June 25, 2018, in Room 1-100, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Individuals who wish to testify at the hearing should sign in at the hearing site; no prior registration is necessary. Questions about the hearing should be directed to Lindsay Denman at (512) 463-5226.
Staff Members Responsible:
Joe Siedlecki, Associate Commissioner, System Support