The Texas Education Agency (TEA) proposes amendments to §§97.1051, 97.1053, 97.1055, 97.1057, 97.1059, 97.1063, 97.1065, 97.1067, 97.1069, 97.1071, and 97.1073; the repeal of §97.1061; and new §97.1061 and §97.1064, concerning accreditation. The sections address provisions relating to accreditation status, standards, and sanctions. The proposed rule actions would implement the requirements of the Texas Education Code (TEC), Chapter 39, Public School System Accountability, as amended by House Bill (HB) 3, 81st Texas Legislature, Regular Session, 2009, which requires the commissioner by rule to establish procedures and adopt guidelines for the administration of accountability and performance monitoring as well as accreditation statuses and sanctions for public school districts and open-enrollment charter schools.

HB 3, 81st Texas Legislature, Regular Session, 2009, amended, reorganized, and renumbered the TEC, Chapter 39, Public School System Accountability. The proposed revisions to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, would modify the rules to ensure compliance with HB 3, as follows.

The proposed amendment to 19 TAC §97.1051, Definitions, would change the definition of "campus closure" to remove references to "repurposing," which is now defined in statute and in the proposed amendment to 19 TAC §97.1065(c). The proposed amendment to 19 TAC §97.1051 would also add a definition for "insufficient performance." In addition, a statutory reference would be updated in alignment with HB 3.

The proposed amendment to 19 TAC §97.1053, Purpose, would update statutory references in alignment with HB 3.

The proposed amendment to 19 TAC §97.1055, Accreditation Status, would update statutory references and clarify the process for assigning accreditation statuses during the period of transition to new HB 3 requirements. The proposed amendment would add new language regarding when an accreditation status may be raised or lowered based on the performance of the district or one or more campuses in the district. The proposed amendment would also state how the statutory requirements related to a financial solvency review and projected deficit affect accreditation statuses. In addition, the proposed amendment would incorporate current agency procedures for completing the asset-to-liability calculation for the purposes of charter financial accountability.

The proposed amendment to 19 TAC §97.1057, Accreditation Sanctions, would update statutory references and add information regarding the factors the commissioner shall consider in determining whether to impose a particular sanction based on resource allocation practices. In addition, the section title would be changed.

The proposed amendment to 19 TAC §97.1059, Standards for All Accreditation Sanction Determinations, would update statutory references and add language to reflect statutory requirements regarding the commissioner's obligation to review the performance of a district. Specifically, the commissioner must review at least annually the performance of a district for which the accreditation status has been lowered due to insufficient student performance. The proposed amendment would also require the commissioner to increase sanctions if a lack of improvement is shown unless there is good cause not to do so.

Section 97.1061, Technical Assistance Team Campuses, would be repealed. This repeal is necessary because HB 3 removed references to technical assistance team campuses and replaced them with the requirements reflected in proposed new 19 TAC §97.1061.

Proposed new 19 TAC §97.1061, Interventions and Sanctions for Campuses, would add language to align with new statutory requirements related to campuses that satisfy current performance standards under TEC, §39.054(e), but that would not satisfy performance standards if the standards to be used for the following school year were applied to the current school year. The proposed new section would also add language to align with new statutory requirements for intervening with and sanctioning campuses with performance below any standard under TEC, §39.054(e), including requirements relating to a hearing and a school community partnership team (SCPT).

Additionally, the proposed new section would add new statutory language that allows the commissioner to accept certain interventions that a campus has implemented under federal accountability requirements in lieu of required state measures if the intervention measures are substantially similar.

The proposed amendment to 19 TAC §97.1063, Campus Intervention Team; Reconstitution, would implement the provisions of HB 3 related to campuses below any standard under TEC, §39.054(e), and the assignment of a campus intervention team (CIT) to those campuses. The proposed amendment would define the duties and responsibilities of the CIT, including responsibilities to conduct a targeted on-site needs assessment relevant to the areas of insufficient performance or, if the commissioner determines necessary, a comprehensive on-site needs assessment. The proposed amendment would also outline requirements related to the development and submission of a school improvement plan (SIP) by a campus and establish timelines for how long the CIT will be assigned to a campus. The proposed amendment would outline requirements related to the involvement of the board of trustees of a school district in conducting a hearing to notify the public of the insufficient performance of one or more campuses within the district, the improvements expected by the agency for the campus(es), and the intervention measures or sanctions that may be imposed under the subchapter if performance does not improve. The proposed amendment would also detail requirements related to public posting of the SIP and, as appropriate, modification of the SIP in response to public comment. The proposed amendment would further note that the commissioner may authorize a SIP or updated SIP developed under 19 TAC Chapter 97, Subchapter EE, to supersede the provisions of and satisfy the requirements of developing, reviewing, and revising a campus improvement plan under TEC, Chapter 11, Subchapter F. The proposed amendment would also specify actions that the commissioner may take if the commissioner determines that a campus for which an intervention is ordered is not fully implementing the CIT's recommendations or the SIP or updated SIP.

Additionally, references and requirements related to the School Leadership Pilot Program would be stricken from 19 TAC §97.1063 in alignment with changes in HB 3. Language would be added to this section to clarify that, if assigned by the commissioner, a SCPT may supersede the authority of and satisfy the requirements of establishing and maintaining a campus-level planning and decision-making committee under TEC, Chapter 11, Subchapter F. The section title would be also changed.

Proposed new 19 TAC §97.1064, Reconstitution, would update and relocate reconstitution requirements that previously were reflected in 19 TAC §97.1063. The proposed new section would continue to state the timelines under which a campus would be ordered to undergo reconstitution and describe the role of the CIT in updating and seeking approval of the SIP. The proposed new section would continue to include language regarding the authority of the CIT to determine which educators may be retained at a reconstituted campus but would revise language in accordance with HB 3 to describe circumstances surrounding a CIT's determination related to the retention of the principal at a campus that is undergoing reconstitution. The proposed new section would continue to describe the authority of the commissioner to assign a monitor, conservator, management team, or board of managers to ensure and oversee district and campus-level activities related to required intervention and sanction activities and outline factors the commissioner must take into consideration when appointing individuals to serve in these roles. The proposed new section would reference the authority of the commissioner to impose on a district or campus certain other sanctions that are reasonably required and address the role of the district in successful campus reconstitution.

The proposed amendment to 19 TAC §97.1065, Campus Closure or Alternative Management, would implement the provisions of HB 3 related to circumstances under which the commissioner may, or is required to, order certain sanctions for campuses with insufficient performance over multiple years. Specifically, the proposed amendment would revise the timeline under which the commissioner is required to order a sanction for certain campuses and add repurposing, in addition to campus closure and alternative management, as one of the sanctions that must be ordered by the commissioner.

The proposed amendment would also establish that repurposing, alternative management, or campus closure may be ordered for a multi-year unacceptable campus if students fail to demonstrate substantial improvement in the areas targeted by an updated SIP. Furthermore, the proposed amendment would establish that repurposing, alternative management, or campus closure will be ordered if a campus has been identified as unacceptable for the third, as opposed to second, consecutive year after reconstitution is required to be implemented, thus adding an additional year to the mandatory intervention timeline previously established in statute. Additionally, the proposed amendment would provide for a one-year waiver of these required sanctions if the commissioner determines that, based on significant improvement over the preceding two school years, the campus is likely to be acceptable in the following year. The proposed amendment would also establish the requirements that must be met before the commissioner can approve a plan for campus repurposing and include parameters that may be considered by the commissioner when determining whether to order repurposing, alternative management, or campus closure when one of these sanctions is required.

The proposed amendment would also outline requirements and procedures for the district to appeal the commissioner's order of repurposing, alternative management, or campus closure and outline other sanction actions that the commissioner may impose to achieve the purposes outlined in TEC, Chapter 39, and 19 TAC Chapter 97, Subchapter EE. In addition, the section title would be changed.

The proposed amendment to 19 TAC §97.1067, Alternative Management of Campuses, would update statutory references in alignment with HB 3.

The proposed amendment to 19 TAC §97.1069, Providers of Alternative Campus Management, would update requirements to align with HB 3 by allowing the commissioner to solicit proposals from qualified for-profit entities to assume alternative management of a campus if a non-profit entity has not responded to the commissioner's request for qualifications.

The proposed amendment to 19 TAC §97.1071, Special Program Performance; Intervention Stages, would update statutory references in alignment with HB 3.

The proposed amendment to 19 TAC §97.1073, Appointment of Monitor, Conservator, or Board of Managers, would update statutory references to provide clarity and align with HB 3.

The proposed rule actions would have no new reporting implications. Consistent with current procedures, the commissioner must notify school districts and charter districts of their accreditation status. Those districts assigned an Accredited-Warned or Accredited-Probation status have a continuing requirement to notify parents and property owners of the district and must provide documentation of this notification to the TEA. Districts and campuses would have continued reporting obligations related to required interventions and sanctions under this proposal. Under the proposed rule actions, an additional procedural requirement consistent with statute would be for the board of trustees of a school district to conduct a hearing to notify the public of insufficient campus performance, solicit public comment on the SIP, and post the SIP on the district's website, in addition to submitting the SIP to the commissioner.

The proposed rule actions would have no new locally maintained paperwork requirements. Districts will continue to be required to maintain documentation related to completion of required performance-based monitoring intervention activities and/or implementation of any required accreditation sanctions.

Laura Taylor, associate commissioner for accreditation, has determined that for the first five-year period the rule actions are in effect there will be no additional costs for state or local government as a result of enforcing or administering the rule actions. 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 3, 81st Texas Legislature, Regular Session, 2009. The rule actions would assign no additional fiscal burden beyond what already is imposed by law or current rule.

Ms. Taylor has determined that for each year of the first five years the rule actions are in effect the public benefit anticipated as a result of enforcing the rule actions will be updated standards and procedures for determining accreditation statuses for public school districts and charter districts in alignment with recent legislative changes. 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 rule actions would provide for the implementation of sanctions and interventions to improve district and campus performance that fall below minimum state standards. There is no anticipated economic cost to persons who are required to comply with the proposed rule actions.

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.

The public comment period on the proposal begins April 23, 2010, and ends May 24, 2010. 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. 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 April 23, 2010.

The amendments and new sections are proposed under the TEC, §39.051 and §39.052, which authorize the commissioner to determine criteria for accreditation statuses and to determine the accreditation status of each school district; §§39.056-39.058, which authorize the commissioner to adopt procedures for conducting on-site and special accreditation investigations; §39.0823, which requires submission of a financial plan in the event of a school district projected deficit and authorizes the commissioner to adopt related accreditation status requirements; and §§39.102-39.116, which authorize the commissioner to implement procedures to impose interventions and sanctions for districts, campuses, and open-enrollment charter schools, including campus improvement plans; campus intervention teams; reconstitution, repurposing, alternative management, and closure; annual review; acquisition of professional services; costs paid by district; conservator or management team; board of managers; and transitional interventions and sanctions.

The proposed amendments and new sections implement §§39.051, 39.052, 39.056-39.058, 39.0823, and 39.102-39.116.