18_10 Proposed Amendment to 19 TAC §150.1031
Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter CC, Superintendent Appraisal, §150.1031, General Provisions for Superintendent Appraisal
Attachments:
I. Statutory Citation (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter CC, Superintendent Appraisal, §150.1031, General Provisions for Superintendent Appraisal (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 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter CC, Superintendent Appraisal, §150.1031, General Provisions for Superintendent Appraisal. The proposed amendment would allow the Lone Star Governance superintendent evaluation to satisfy the requirements of the commissioner's recommended appraisal process.
STATUTORY AUTHORITY: Texas Education Code (TEC), §21.354
TEC, §21.354, requires the commissioner to adopt a recommended appraisal process and criteria on which to appraise the performance of various classifications of school administrators.
EARLIEST POSSIBLE DATE OF ADOPTION: December 3, 2018.
PROPOSED EFFECTIVE DATE: February 3, 2019.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 150.1031 implements the TEC, §21.354, by establishing the methods by which a superintendent may be appraised. The methods include an appraisal system recommended by the commissioner of education or a local appraisal system.
The proposed amendment would specify that use of the superintendent evaluation contained in the Lone Star Governance training will satisfy the minimum requirements outlined in TEC, §21.354. Without the proposed amendment, districts would be required to perform an additional superintendent evaluation to satisfy the requirements for the commissioner's recommended appraisal process in §150.1031(b), which would be duplicative.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. School districts are presently required to appraise superintendents annually using either the commissioner's recommended appraisal process and performance criteria or an appraisal process and criteria developed by the district in consultation with district- and campus-level committees established under TEC, §11.251, and adopted by the board of trustees. The proposed amendment would allow for the completion of the Lone Star Governance superintendent evaluation to satisfy the requirements of the commissioner's recommended appraisal process. 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. The proposed rulemaking 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: By allowing a Lone Star Governance evaluation to satisfy the commissioner's recommended appraisal process, the proposed amendment would avoid the unnecessary use of resources in performing two similar evaluations.
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 November 2, 2018, and ends December 3, 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 November 2, 2018.
Staff Member Responsible:
Chris Cowan, Director, Enforcement Coordination