The Texas Education Agency (TEA) proposes new §§97.1051, 97.1053. 97.1055, 97.1057, 97.1059, 97.1061, 97.1063, 97.1065, 97.1067, 97.1069, 97.1071, and 97.1073, concerning accreditation statuses, standards, and sanctions. The proposed new sections would define the accreditation statuses of Accredited, Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked and would state how accreditation statuses would be determined and assigned to school districts. The proposal would also establish accreditation standards and sanctions, including definitions, purpose, technical assistance teams, campus intervention teams, reconstitution, campus closure, alternative management, intervention stages, and oversight appointments. The proposal reflects changes required by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006.

HB 1 amended the Texas Education Code (TEC), Chapter 39, Public School System Accountability, and, as a result of these changes, new rules must be proposed to implement the changes. The proposed new 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, would establish new rules to ensure compliance with HB 1, as follows.

Proposed new 19 TAC §97.1051, Definitions, would define by rule, for the purposes of the subchapter, a number of terms, including "campus," "campus closure," and "reconstitution."

Proposed new 19 TAC §97.1053, Purpose, would specify that the requirements of the TEC, Chapter 39, and the proposed new subchapter would apply to an open-enrollment charter school in the same manner as to a district. The proposed new rule would state in rule the statutory purposes of accreditation statuses and sanctions. The proposal would also explain that the accreditation status assigned to a district under this new subchapter would reflect performance beginning with the district's 2007 ratings; however, performance for earlier years would be considered for the purposes of accreditation sanctions.

Proposed new 19 TAC §97.1055, Accreditation Status, would define the requirements a school district must meet each school year to receive the status of Accredited and would state how the accreditation statuses of Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked would be determined, in accordance with the TEC, §39.071. The proposed rule would also provide the process the commissioner and district must follow when the commissioner determines a district's accreditation status to be Accredited-Warned or Accredited-Probation, including required notification of such status to parents of students enrolled in the district and property owners in the district.

Proposed new 19 TAC §97.1057, Accreditation Sanctions, would establish that if a district or campus does not satisfy the accreditation criteria, the commissioner may lower its accreditation status, academic accountability rating, or financial accountability rating or take any other action under the subchapter to the extent the commissioner determines is reasonably required.

Proposed new 19 TAC §97.1059, Standards for All Accreditation Sanction Determinations, would reflect certain standards to be used by the commissioner in determining sanctions. The rule would state that the commissioner shall impose sanctions individually or in combination as determined necessary to achieve the purposes of the sanctions and shall consider the seriousness, number, extent, and duration of deficiencies identified by the TEA in determining sanctions.

Proposed new 19 TAC §97.1061, Technical Assistance Team Campuses, would reference the annual assignment of a technical assistance team to a campus rated Academically Acceptable if that campus would be rated Academically Unacceptable using the accountability standards for the subsequent year. The proposed new rule would address the waiver of this requirement under standards adopted in the applicable annual accountability manual. The section also would define the composition and discuss the activities of the technical assistance team.

Proposed new 19 TAC §97.1063, Campus Intervention Team; Reconstitution, would implement the provisions of HB 1 related to campuses rated Academically Unacceptable under the state academic accountability rating system and the assignment of a campus intervention team (CIT) to those campuses. Additionally, the section would outline the obligation of certain principals to participate in the School Leadership Pilot Program and the district's responsibility for covering costs associated with the program. The section also would define the timeline under which a campus can and/or would be ordered to undergo reconstitution. In addition, the proposed new rule would describe the activities in which the district, campus, and the CIT must engage to facilitate the reconstitution, including timelines and activities related to the retention or removal of campus educators, including the principal. The proposed new rule also discusses circumstances under which the TEA may assign a monitor, conservator, management team, or board of managers to the campus to ensure the implementation of its school improvement/reconstitution plan and when the TEA may order alternative management or closure of the campus.

Proposed new 19 TAC §97.1065, Campus Closure or Alternative Management, would implement the provisions of HB 1 related to circumstances under which the commissioner orders and/or is required to order alternative management or closure of a campus. The proposed new rule would clarify that the commissioner may take other actions in combination with actions taken under this section. The rule also would clarify that, when the commissioner's order requires the district or campus to select a specific professional service provider, the district is not required to follow competitive bidding procedures. The proposed new rule would provide parameters to be considered by the commissioner in determining whether to order alternative management or closure of a campus.

Proposed new 19 TAC §97.1067, Alternative Management of Campuses, would implement the provisions of HB 1 related to the assignment of alternative management entities to certain campuses. The proposed rule would specify the timelines and requirements for district implementation of an alternative management contract and discuss the roles that would be played by the alternative management entity. The proposed rule also would specify a district's obligation to a campus for which alternative management has been ordered.

Proposed new 19 TAC §97.1069, Providers of Alternative Campus Management, would provide for a request for qualifications (RFQ) to solicit proposals from qualified non-profit management entities to assume the alternative management of a campus. The rule would also specify that the commissioner may appoint a school district in the same education service center region to provide services as the alternative management of the campus in the same manner as a non-profit entity.

Proposed new 19 TAC §97.1071, Special Program Performance; Intervention Stages, would codify intervention and sanction processes in place under the Performance-Based Monitoring (PBM) system. The proposed rule would describe intervention activities, notification processes for PBM intervention staging, and possible interventions and/or sanctions that may be implemented under the PBM system.

Proposed new 19 TAC §97.1073, Appointment of Monitor, Conservator, or Board of Managers, would be added to establish criteria for the appointment of a monitor, conservator, management team, or board of managers by the commissioner.

Susan Barnes, associate commissioner for standards and programs, has determined that for the first five-year period the new sections are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the new sections. The proposed rule actions would add clarification of law to the required assignment of an accreditation status and implementation of sanctions and interventions under HB 1, 79th Texas Legislature, Third Called Session, 2006. The rules would assign no additional fiscal burden beyond what already is imposed by law. The TEA division responsible for program monitoring and interventions received personnel resources to implement the accreditation status and sanction requirements of HB 1.

Dr. Barnes has determined that for each year of the first five years the new sections are in effect the public benefit anticipated as a result of enforcing the new sections would be standards and procedures for determining district and charter school accreditation status. The public would be notified of the accreditation status and may assist the district in its efforts to improve its performance by addressing areas of deficiency identified by the commissioner. In addition, the proposed new rules would provide for the implementation of sanctions and interventions to improve district and campus performance that falls below minimum state standards. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed new sections.

The public comment period on the proposal begins June 15, 2007, and ends July 15, 2007. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new sections submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The new sections are proposed under the Texas Education Code, §39.071, which authorizes the commissioner to define accreditation statuses and to determine the accreditation status of each school district; TEC, §39.131, which authorizes the commissioner to determine sanctions for a district that does not satisfy accreditation criteria under TEC, §39.071, the academic performance standards under TEC, §39.072, or any financial accountability standard as determined by the commissioner; TEC, §§39.132, 39.1322-39.1324, 39.1326, and 39.1327, which authorizes the commissioner to determine sanctions for an under-performing campus; TEC, §39.1331, which authorizes the commissioner to order certain districts or campuses to acquire professional services; and TEC, §§39.134-39.136, which authorizes the commissioner to address provisions relating to powers, duties, and costs for the assignment of a monitor, conservator, management team, campus intervention team, technical assistance team, managing entity under TEC, §39.1327, or board of managers.

The new sections implement the Texas Education Code, §§39.071, 39.131, 39.132, 39.1322-39.1324, 39.1326, 39.1327, 39.133, 39.1331, and 39.134 - 39.136.