The Texas Education Agency (TEA) adopts 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. The amendments to §97.1051 and §97.1055 are adopted with changes to the proposed text as published in the November 14, 2014 issue of the Texas Register (39 TexReg 8861). The repeal of §§97.1031, 97.1033, 97.1035, and 97.1037 and amendments to §§97.1053, 97.1057, 97.1059, 97.1065, 97.1071, 97.1072, and 97.1073 are adopted without changes to the proposed text as published in the November 14, 2014 issue of the Texas Register (39 TexReg 8861) and will not be republished. 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 adopted rule actions 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and procedures related to reviews, hearings, and appeals and delete provisions that are no longer relied upon or no longer applicable due to the repeal of statutory provisions referenced within the rules.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 adopted amendments to 19 TAC Chapter 97, Subchapter EE, and repeal of 19 TAC Chapter 97, Subchapter DD, clarify that, with the adoption of 19 TAC Chapter 157, Subchapter EE, which became effective September 18, 2014, the majority of the provisions contained in 19 TAC Chapter 97, Subchapter DD are no longer valid as the review processes referenced therein are addressed in Chapter 157.

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section references; provide definitions offering greater clarity; delete provisions that are no longer relied upon or no longer applicable due to the repeal of statutory provisions referenced within the rules; and include provisions from 19 TAC Chapter 97, Subchapter DD, §97.1035, which is repealed, that are not addressed in recently amended 19 TAC Chapter 157, Subchapter EE.

In response to public comment, the following changes are made to 19 TAC Chapter 97, Subchapter EE, at adoption.

Reference to Texas Government Code, §2051.044, was added to 19 TAC §97.1051(6) to clarify that the provisions in that statute are applicable to the definition of newspaper of general circulation.

Reference to applicable requirements under Texas Education Code (TEC), §7.056(e)(3)(C)-(I), was reinstated in 19 TAC §97.1055(b)(2)(A)(v), (c)(2)(A)(v), and (d)(2)(A)(v).

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

The TEA determined that 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 began November 14, 2014, and ended December 15, 2014. Following is a summary of the public comments received and corresponding agency responses regarding the proposed amendments to 19 TAC Chapter 97, Subchapter EE, and repeal of 19 TAC Chapter 97, Subchapter DD.

Comment: The Texas Classroom Teachers Association commented that references to TEC, §7.056(e)(3)(H) and (I) should be reinstated in 19 TAC §97.1055, as reflected currently in the rule.

Agency Response: The agency agrees and has revised 19 TAC §97.1055(b)(2)(A)(v), (c)(2)(A)(v), and (d)(2)(A)(v) at adoption to reference TEC, §7.056(e)(3)(C)-(I), instead of TEC, §7.056(e)(3)(C)-(G).

Comment: An individual commented that the definition of newspaper of general circulation in proposed 19 TAC §97.1051(6) conflicts with the description contained in Texas Government Code, §2051.044, related to the type of newspaper required for notice of publication.

Agency Response: The agency provides the following clarification. The definition in 19 TAC §97.1051(6) is not intended to conflict with the provisions in Texas Government Code, §2051.044, but rather it is intended to incorporate those statutory provisions with the additional requirements that the newspaper has more than a minimum number of subscribers among a particular geographic region, has a diverse subscribership, and publishes some news items of general interest to the community. For clarification, the agency has revised 19 TAC §97.1051(6) at adoption to specify that the provisions contained in Texas Government Code, §2051.044, are applicable to the definition of newspaper of general circulation.

The amendments are adopted 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.