18_05 Proposed New 19 TAC §97.1002
Commissioner's Rules
Proposed New 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1002, Accountability Rating System Provisions Related to Hurricane Harvey
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed New 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1002, Accountability Rating System Provisions Related to Hurricane Harvey (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 AA, Accountability and Performance Monitoring, §97.1002, Accountability Rating System Provisions Related to Hurricane Harvey. The proposed new rule would adopt in rule an applicable excerpt of the 2018 Accountability Manual.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§39.052(a) and (b)(1)(A); 39.053; 39.054; 39.0541; 39.0548; 39.055; 39.151; 39.201; 39.2011; 39.202; 39.203; 29.081(e), (e-1), and (e-2); and 12.104(b)(2)(L).
TEC, §39.052(a) and (b)(1)(A), requires the commissioner to evaluate and consider the performance on achievement indicators, including those described in TEC, §39.053(c), when determining the accreditation status of each school district and open-enrollment charter school.
TEC, §39.053, requires the commissioner to adopt a set of performance indicators related to the quality of learning and achievement in order to measure and evaluate school districts and campuses.
TEC, §39.054, requires the commissioner to adopt rules to evaluate school district and campus performance and to assign a performance rating.
TEC, §39.0541, allows the commissioner to adopt indicators and standards under TEC, Subchapter C, at any time during a school year before the evaluation of a school district or campus.
TEC, §39.0548, requires the commissioner to designate campuses that meet specific criteria as dropout recovery schools and to use specific indicators to evaluate them.
TEC, §39.055, prohibits the use of assessment results and other performance indicators of students in a residential facility in state accountability.
TEC, §39.151, provides a process for a school district or an open-enrollment charter school to challenge an academic or financial accountability rating.
TEC, §39.201, requires the commissioner to award distinction designations to a campus or district for outstanding performance.
TEC, §39.2011, makes open-enrollment charter schools and campuses that earn an acceptable rating eligible for distinction designations.
TEC, §39.202 and §39.203, authorize the commissioner to establish criteria for distinction designations for campuses and districts.
TEC, §29.081(e), (e-1), and (e-2), defines criteria for alternative education programs for students at risk of dropping out of school and subjects those campuses to the performance indicators and accountability standards adopted for alternative education programs.
TEC, §12.104(b)(2)(L), subjects open-enrollment charter schools to the rules adopted under public school accountability in TEC, Chapter 39.
EARLIEST POSSIBLE DATE OF ADOPTION: July 9, 2018.
PROPOSED EFFECTIVE DATE: August 14, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: The Texas Education Agency (TEA) has adopted its academic accountability manual in rule 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.
Proposed new 19 TAC §97.1002 would adopt an excerpt of the 2018 Accountability Manual into rule as a figure. The excerpt, Chapter 10 of the 2018 Accountability Manual, describes the Hurricane Harvey Provision used to evaluate school districts, open-enrollment charter schools, and campuses affected by Hurricane Harvey. The provision provides specific criteria that school districts, open-enrollment charter schools, and campuses must meet in order to receive a Not Rated label due to the effects of Hurricane Harvey.
Campuses will be evaluated under the Hurricane Harvey Provision if they meet at least one of the following criteria.
Criterion 1: The campus identified 10 percent or more of enrolled students in either the October snapshot data or in weekly crisis code reports finalized on March 9, 2018, with crisis codes 5A, 5B, or 5C. Campus enrollment is based on October snapshot data.
Explanation: The intent of the crisis codes is to identify a student who (1) was enrolled or was eligible to enroll in a local educational agency (LEA) impacted by Hurricane Harvey and enrolled in a different LEA during the 2017-2018 school year (5A); (2) was enrolled or was eligible to enroll in an LEA impacted by Hurricane Harvey and enrolled in another campus in the same LEA during the 2017-2018 school year (5B); or (3) is identified as homeless because of Hurricane Harvey but has remained enrolled in his or her home campus during the 2017-2018 school year (5C). The crisis code criterion allows for accountability flexibility for those campuses with high numbers of students in one of the three referenced situations. The TEA has determined that the academic accountability ratings for a campus that has at least 10 percent of its students displaced by Hurricane Harvey may not accurately reflect campus performance.
Criterion 2: The campus reported that 10 percent or more of its teachers experienced homelessness due to Hurricane Harvey, as reported in the Homeless Survey announced February 14, 2018.
Explanation: Like crisis code 5C for students, the teacher homeless indicator allows for accountability flexibility for campuses with a substantial number of teachers who were/are homeless due to Hurricane Harvey. The TEA has determined that the academic accountability ratings for a campus that has at least 10 percent of its teachers displaced by Hurricane Harvey may not accurately reflect campus performance.
Criterion 3: The campus was reported to TEA as closed for 10 or more instructional days due to Hurricane Harvey.
Explanation: This criterion allows for flexibility for campuses with a substantial number of instructional days lost due to Hurricane Harvey. This provision is like provisions used in 2006 and 2009 for Hurricanes Rita and Ike. The TEA has determined that the academic accountability ratings for a campus that was closed for at least 10 days because of Hurricane Harvey may not accurately reflect campus performance.
Criterion 4: The campus was reported to TEA as displaced due to Hurricane Harvey either because the student population was relocated to another geographic location at least through winter break or the student population was required to share its own campus facility with the students of another campus closed as a direct result of Hurricane Harvey at least through winter break.
Explanation: This criterion allows for accountability flexibility for campuses whose facilities were completely or partially damaged to a point where the campus was closed. This also includes campuses that shared facilities with another campus. In many instances, students were forced into classrooms and school hours that were not ideal conditions for teaching and learning to take place. The TEA has determined that the academic accountability ratings of campuses whose entire student population was displaced by Hurricane Harvey may not accurately reflect campus performance. The TEA has also determined that the academic accountability ratings of campuses that serve students displaced by Hurricane Harvey may not accurately reflect campus performance.
School districts and open-enrollment charter schools will be evaluated under the Hurricane Harvey Provision if they meet either of the following criteria.
Criterion 1: School districts and open-enrollment charter schools will be labeled Not Rated under the Hurricane Harvey Provision if all campuses within the school districts or open-enrollment charter schools receive a Not Rated label as a result of the Hurricane Harvey Provision.
Explanation: A school district or open-enrollment charter school should not be rated for accountability purposes if all of the campuses within the school district or open-enrollment charter school are not rated using at least one of the Hurricane Harvey accountability provisions. School district and open-enrollment charter school data is based on the accumulated data of all of its campuses. If all of those campuses are not rated, it is assumed that the school district or open-enrollment charter school would not be rated as well. The TEA has determined that the academic accountability ratings of school districts and open-enrollment charter schools with no rated campuses due to Hurricane Harvey may not accurately reflect school district or open-enrollment charter school performance.
Criterion 2: If 10 percent or more of the school district or open-enrollment charter school's students were reported on the October snapshot as enrolled in a campus labeled Not Rated under the Hurricane Harvey Provision, the school district or open-enrollment charter school will be labeled Not Rated.
Explanation: This provision allows for accountability flexibility for school districts and open-enrollment charter schools with a substantial portion of students enrolled in campuses not rated using one of the allowable Hurricane Harvey provisions. School district and open-enrollment charter school outcomes are largely based on the accumulated outcomes of campuses. It is assumed that, to some degree, the Hurricane Harvey Provision Not Rated campuses could impact school district or open-enrollment charter school outcomes. The TEA has determined it is reasonable to waive accountability ratings for school districts and open-enrollment charter schools in this situation. The TEA has further determined that the academic accountability ratings for a school district or open-enrollment charter school that has at least 10 percent of its students displaced by Hurricane Harvey may not accurately reflect campus 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 inform the public of the existence of rating procedures used to evaluate school districts, open-enrollment charter schools, and campuses affected by Hurricane Harvey by including this rule in the Texas Administrative Code.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed new rule would have no procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed new rule would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal begins June 8, 2018, and ends July 9, 2018.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A public hearing on the proposed new rule will be held at 8:30 a.m. on June 22, 2018, in Room 1-111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Anyone wishing to testify at the hearing must sign in between 8:15 a.m. and 9:00 a.m. on the day of the hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearing should be directed to Performance Reporting at (512) 463-9704.
Staff Members Responsible:
Penny Schwinn, Chief Deputy Commissioner, Academics
Jamie Crowe, Executive Director, Performance Reporting