14_06 Adopted New 19 TAC §61.1023

Commissioner's Rules

Adopted New 19 TAC Chapter 61, School Districts, Subchapter BB, Commissioner's Rules on Reporting Requirements, §61.1023, Community and Student Engagement


Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted New 19 TAC Chapter 61, School Districts, Subchapter BB, Commissioner's Rules on Reporting Requirements, §61.1023, Community and Student Engagement (PDF)
III. Summary of Public Comments and Agency Responses


SUMMARY: The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 61, School Districts, Subchapter BB, Commissioner's Rules on Reporting Requirements, §61.1023, Community and Student Engagement. The adopted new rule establishes procedures for each school district to report performance ratings that the district has assigned to itself and to each of its campuses for the new community and student engagement indicators.

STATUTORY AUTHORITY: Texas Education Code, (TEC), §39.0545, as added by House Bill 5, 83rd Texas Legislature, Regular Session, 2013.

EFFECTIVE DATE: June 25, 2014.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: House Bill 5, Section 46, 83rd Texas Legislature, Regular Session, 2013, added the TEC, §39.0545, which requires each school district to assign performance ratings to the district and each campus for community and student engagement indicators. The ratings are to be reported to the Texas Education Agency (TEA).

Adopted new 19 TAC §61.1023 provides instructions for reporting these ratings and the record of compliance with statutory reporting and policy to the TEA.

In response to public comment, the following changes were made at adoption.

Subsections (b) and (d) have been modified to clarify that the local committee(s) determine the criteria that the district uses to evaluate and assign a rating of Exemplary, Recognized, Acceptable, and Unacceptable.

Subsection (c) has been modified to clarify that the district determines whether a program or performance category is not applicable.

Subsection (e) has been modified to clarify that local committee(s) determine the criteria that the district uses to evaluate and assign a status regarding compliance with statutory reporting and policy requirements.

Subsection (f) has been modified to include facilities operated by the Texas Juvenile Justice Department.

Subsection (h) has been modified to allow districts to post the locally determined performance ratings and compliance status for campuses that operate on a year-round calendar on the school district website no later than the last day of August of each year.

FISCAL IMPACT: The TEA has determined that there are no additional costs to the state or persons required to comply with the adopted rule action. However, there are fiscal implications for local school districts, which would incur some costs to develop indicators, collect information, and report performance ratings for community involvement and student engagement. It is not possible to estimate the fiscal impact on any given district since these costs would vary from school district to school district.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: The adopted new rule provides districts with instructions on how to report the locally assigned performance ratings to the TEA. The TEA publicizes these ratings, making the public aware of each district's rating and compliance status relating to community and student engagement.

PROCEDURAL AND REPORTING IMPLICATIONS: The adopted new rule has new reporting implications beyond those already in place. School districts are required to report their locally assigned performance ratings through the Public Education Information Management System (PEIMS) and the Texas Education Data Standards.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The adopted new rule requires a local committee(s) to develop the locally determined criteria that are used to determine the performance rating and compliance status for the district and each campus.  Therefore, each district needs to locally maintain the documents that are developed to determine the performance rating and compliance status for the district and each campus.

PUBLIC COMMENTS: The public comment period on the proposal began April 4, 2014, and ended May 5, 2014.  Attachment III reflects a summary of the public comments received and corresponding agency responses regarding the proposed new 19 TAC Chapter 61, School Districts, Subchapter BB, Commissioner's Rules on Reporting Requirements, §61.1023, Community and Student Engagement.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment and Accountability
Shannon Housson, Director, Performance Reporting


For more information, email rules@tea.texas.gov.