The Texas Education Agency (TEA) proposes the repeal of §§97.1031, 97.1033, 97.1035, and 97.1037 and amendments to §§97.1051, 97.1053, 97.1055, 97.1057, 97.1059, 97.1065, 97.1071, 97.1072, and 97.1073, concerning planning and accountability. Sections 97.1031, 97.1033, 97.1035, and 97.1037 address investigative reports, sanctions, and record reviews. Sections 97.1051, 97.1053, 97.1055, 97.1057, 97.1059, 97.1065, 97.1071, 97.1072, and 97.1073 address accreditation status, standards, and sanctions. The proposed rule actions would provide clarity as to the applicable processes and procedures related to reviews, hearings, and appeals and delete provisions that are no longer relied upon or no longer applicable due to the repeal of statutory provisions referenced within the rules.

The proposed amendments to 19 TAC Chapter 97, Subchapter EE, and repeal of 19 TAC Chapter 97, Subchapter DD, would clarify that, with the adoption of 19 TAC Chapter 157, Subchapter EE, effective September 18, 2014, the majority of the provisions contained in Subchapter DD are no longer valid as the review processes referenced therein are addressed in Chapter 157.

Additionally, the proposed amendments to 19 TAC Chapter 97, Subchapter EE, would make conforming changes to chapter and section references; provide definitions offering greater clarity; delete provisions that are no longer relied upon or no longer applicable due to the repeal of statutory provisions referenced within the rules; and include provisions from 19 TAC Chapter 97, Subchapter DD, §97.1035, which is proposed for repeal, that are not addressed in recently amended 19 TAC Chapter 157, Subchapter EE.

The proposed rule actions would have no procedural or reporting implications. The proposed rule actions would have no locally maintained paperwork requirements.

Alice McAfee, associate commissioner for complaints, investigations, and enforcement, has determined that for the first five-year period the amendments and repeals are in effect there will be no additional costs for state or local government as a result of enforcing or administering the proposed rule actions.

Ms. McAfee has determined that for each year of the first five years the amendments and repeals are in effect the public benefit anticipated as a result of enforcing the rule actions would be clarification of the applicable procedures relied upon related to reviews, hearings, and appeals of sanctions. Additionally, the proposed repeals would delete provisions that are no longer relied upon or no longer applicable due to the repeal of statutory provisions referenced within the rules. 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 November 14, 2014, and ends December 15, 2014. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, 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) 463-5337. 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 14, 2014.

The amendments are proposed under the Texas Education Code (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; TEC, §§39.056-39.058, which authorize the commissioner to adopt procedures for conducting on-site and special accreditation investigations; TEC, §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 TEC, §§39.102-39.115, 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; and board of managers.

The amendments implement the TEC, §§39.051, 39.052, 39.056-39.058, 39.0823, and 39.102-39.115.