18_06 Proposed Amendment to 19 TAC §97.1055
Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1055, Accreditation Status
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1055, Accreditation Status (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 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1055, Accreditation Status. The proposed amendment would modify the rule to provide clarifications to existing statutory provisions and reflect the recodification of Texas Education Code (TEC), Chapter 39, Subchapter E, into TEC, Chapter 39A.
STATUTORY AUTHORITY: TEC, §39.051 and §39.052.
TEC, §39.051, requires the commissioner to determine accreditation statuses.
TEC, §39.052, establishes the requirements for the commissioner to consider when determining accreditation statuses.
EARLIEST POSSIBLE DATE OF ADOPTION: July 30, 2018.
PROPOSED EFFECTIVE DATE: September 23, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 97.1055 defines the requirements a school district must meet each school year to receive the status of Accredited and states how the accreditation statuses of Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked are determined.
The proposed amendment to §97.1055 would add new subsection (a)(7) to extend the commissioner's option to withhold the assignment of an accreditation status to an open-enrollment charter school subject to revocation or non-renewal/expiration to those that have voluntarily surrendered their charter contract in order to reduce duplicative actions on the part of the Texas Education Agency (TEA).
New subsection (a)(10) would clarify the commissioner's authority to proceed with previously imposed sanctions due to a lowered accreditation status after the subsequent issuance of a new accreditation status. This addition would best fulfill the purposes of the accreditation system by ensuring that interventions and sanctions are continued so that districts do not earn their way out of the accreditation system only to fall back into the system in the next school year.
New subsection (d)(2) would be added to clarify the commissioner's options when a district might otherwise earn a Not Accredited-Revoked accreditation status. When the commissioner determines that good cause exists to maintain the district's current status, together with new or existing interventions or sanctions, the commissioner may abate the issuance of an accreditation status, issue another accreditation, appoint a board of managers to govern the district, and/or take other actions reasonably necessary to achieve the purposes of the accreditation system in lieu of revoking the district's accreditation. This would allow the commissioner greater flexibility to tailor interventions to meet the purposes of the accreditation system.
New subsection (d)(3) would be added to explain how accreditation statuses will be determined during school years in which a district is operated wholly or in part by an appointed board of managers. This change would allow the board of managers an opportunity to correct the district's academic, financial, programmatic, and governance deficiencies and would hold the board of managers responsible for the performance of the district that occurs during the period of appointment. This provision would best meet the purposes of the accreditation system by recognizing that the appointment of a board of managers is a fundamental change in the operation of the district and allowing time for that fundamental change to impact the academic, financial, and programmatic performance of the district.
In addition, the proposed amendment would update cross references to align with Senate Bill 1488, 85th Texas Legislature, Regular Session, 2017, which recodified TEC, Chapter 39, Subchapter E, into TEC, Chapter 39A.
FISCAL IMPACT: The TEA has determined that there are no fiscal implications to persons or entities, including local school districts and open-enrollment charter schools, 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, 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 would ensure that rule language is based on current law and provide school districts with clarifications on the assignment of accreditation statuses and the applicability of sanctions and any future district ratings on subsequent accreditation status assignments.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal begins June 29, 2018, and ends July 30, 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 June 29, 2018.
Staff Members Responsible:
Jeff Cottrill, Director, Governance
Leah Martin, Director, Accreditation and Waivers