The Texas Education Agency (TEA) proposes amendments to §§97.1051, 97.1055, 97.1059, 97.1065, and 97.1067; the repeal of §§97.1061, 97.1063, and 97.1064; and new §§97.1061, 97.1063, 97.1064, and 97.1066, concerning Accreditation Status, Standards, and Sanctions. The proposed amendments, repeals, and new sections would update processes and procedures related to campus sanctions and interventions to reflect changes made by House Bill (HB) 1842, 84th Texas Legislature, Regular Session, 2015.

HB 1842, 84th Texas Legislature, Regular Session, 2015, amended the Texas Education Code (TEC), Chapter 39, relating to interventions and sanctions for campuses that do not meet state accountability standards.

The proposed revisions to 19 TAC Chapter 97, Subchapter EE, would reflect changes made by HB 1842, as follows.

The proposed amendment to 19 TAC §97.1051, Definitions, would revise definitions to: provide a definition of board of managers, which must, if possible, include the statutory requirements of community leaders, business representatives, and education experts; provide a definition of campus turnaround that highlights achieving acceptable performance within two years, which is the timeframe required by the statutory changes to TEC, §39.107, for a turnaround plan to achieve its purpose, and that clarifies that interventions initiated by statute due to "unacceptable performance" will be those ratings established under the academic accountability manual as unacceptable in any particular year; remove the definition of campus closure, which prohibited its use for educational purposes as the changes to TEC, §39.107, allow its use for educational purposes in certain instances. Proposed new §97.1066 would detail current options; remove language regarding campus closure, which, along with language regarding alternative management, would be moved to separate sections of rule to provide better clarity and organization of requirements; provide a definition of district coordinator of school improvement to ensure districts clearly identify an individual responsible for being a member of the campus intervention team; provide a definition of professional service provider as an educator approved by the commissioner as statute provides the commissioner the flexibility to require districts to select or be assigned a provider; and remove the definition of campus reconstitution to align with the statutory changes.

The proposed amendment to 19 TAC §97.1055, Accreditation Status, would provide clarifying language since legislative changes in HB 1842 authorized monitoring reviews in addition to investigations under TEC, §39.056. The proposed amendment would also provide clarification that grades, course credits, and diplomas issued by a school district prior to annexation would remain valid.

The proposed amendment to 19 TAC §97.1059, Standards for All Accreditation Sanction Determinations, would update a cross reference to the rule for financial accountability ratings.

The proposed repeal of 19 TAC §97.1061, Interventions and Sanctions for Campuses, would remove outdated provisions. Proposed new 19 TAC §97.1061, Interventions and Sanctions for Campuses, would provide clarifying language on the required sanctions and interventions for campuses that do not meet academic accountability standards. The proposed new rule would outline the Texas Accountability Intervention System (TAIS) continuous improvement process and specific intervention requirements for each consecutive year that a campus does not meet academic accountability standards.

The TAIS process is a research-based best practice for improving performance on low-performing campuses. The TAIS provides a framework for the campus intervention team to work with stakeholders to implement strategies that will address areas of low performance.

The proposed repeal of 19 TAC §97.1063, Campus Intervention Team, would remove repetitive requirements that are outlined in statute. Proposed new 19 TAC §97.1063, Campus Intervention Team, would provide clarification from statute about the role and members of the campus intervention team.

The proposed repeal of 19 TAC §97.1064, Reconstitution, would remove outdated provisions. Proposed new 19 TAC §97.1064, Campus Turnaround Plan, would update provisions from previous reconstitution requirements, which were repealed under the statutory changes of HB 1842. The proposed new rule would reflect new campus turnaround requirements by outlining the procedures, content, and timeline for developing and submitting a campus turnaround plan for commissioner approval, as follows.

Subsection (a) would impose the statutory requirement for creation of a turnaround plan after two consecutive years of poor performance.

As campus interventions apply to open-enrollment charters, subsection (b) would implement the statutory duty imposed on an open-enrollment charter to modify its charter to enact the turnaround plan. The proposal would also specify that the governing board must perform the duties imposed on boards of trustees.

Subsection (c) would implement statutory authorization to use regional education service centers.

Subsection (d) would implement new statutory provisions requiring input from parents and the community in developing the turnaround plan. The proposal would impose timelines necessary to ensure proper notice and inclusion of the input received.

Subsection (e) would implement the statutory requirement that parents, the community, and stakeholders provide input in developing the plan. The proposal would clarify that a campus-level committee and teachers must be included since the statutory requirement of a turnaround plan requires including comments from those entities.

Subsection (f) would implement statutory provisions requiring certain components of the turnaround plan.

Subsection (g) would require districts, after board of trustee approval, to submit the proposed campus turnaround plan electronically to the commissioner by March 1. As statute requires extensive planning, approval, and then implementation, this date and delivery method afford the greatest possibility of effectively achieving all three phases.

Subsection (h) would allow a district to implement the turnaround plan or implement a modified version even if the subsequent rating removes the requirement to implement the plan, as authorized by statute.

The proposed amendment to 19 TAC §97.1065, Repurposing, Alternative Management, or Campus Closure, would incorporate changes to commissioner determinations for campuses that do not meet academic accountability requirements. Specifically, the proposed amendment would: remove various references and provisions regarding repurposing, alternative management, and optional waiving of imposing sanctions as HB 1842 repealed these actions. Similarly, the proposed amendment would remove old law processes regarding when functions such as repurposing, alternative management, and closure would be used; impose the HB 1842 requirement that the commissioner must either, at the commissioner's discretion, close the campus or appoint a board of managers over the district upon five years of consecutive poor performance; clarify the commissioner's authority to not approve a campus turnaround plan resulting in campus closure, alternative management, or appointment of a board of managers to oversee district operations; and change the section title to "Commissioner Determinations for Decisions Preceding Alternative Management, Campus Closure, or Board of Managers."

Proposed new 19 TAC §97.1066, Campus Closure, would clarify the process and procedures in the event that the commissioner orders campus closure. As statute does not explicitly state a timeframe for closure, proposed new subsection (a) would clarify that the closure date will be defined by the commissioner for each decision. Proposed new subsections (b)-(d) would address the statutory requirements for when a building containing a closed campus may be used for alternative purposes and for a student's option to attend any other campus in the district.

The proposed amendment to 19 TAC §97.1067, Alternative Management of Campuses, would clarify the process and procedures in the event the commissioner orders alternative management. The proposed amendment includes the addition of language, which is proposed for removal from 19 TAC §97.1065, regarding the closure of a campus due to poor performance upon the return of the campus to district operation.

The proposed revisions would continue to require districts to submit targeted improvement plans and campus turnaround plans to the TEA for commissioner approval.

The proposed revisions would require campuses and districts to keep documentation of parental and stakeholder involvement in the development of targeted improvement plans and campus turnaround plans.

FISCAL NOTE. Sally Partridge, associate commissioner for accreditation and school improvement, has determined that for the first five-year period the proposed amendments, repeals, and new sections are in effect there will be fiscal implications for state government as a result of enforcing or administering the proposed rule actions and changes in law. There would be the need for three additional full-time employees to assist in the support of development and review of campus turnaround plans. During the legislative session in 2015, the Texas Legislature appropriated approximately $300,000 each year for Fiscal Years 2016 and 2017. There will be no additional costs for local government to comply with the proposed rule actions.

PUBLIC BENEFIT/COST NOTE. Ms. Partridge has determined that for each year of the first five years the proposed amendments, repeals, and new sections are in effect the public benefit anticipated as a result of enforcing the rule actions would be providing better alignment of commissioner's rules relating to interventions and sanctions for campuses with current law. The proposed rule actions would also provide clarity on the timing and requirements for campuses that do not meet academic accountability requirements for consecutive years. There is no anticipated additional costs to persons who are required to comply with the proposed rule actions, and the proposed rule actions will have no effect on local employment or local economy.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND MICROBUSINESSES. 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.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins April 29, 2016, and ends May 31, 2016. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. 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 29, 2016.

STATUTORY AUTHORITY. The amendments and new sections are proposed under the Texas Education Code (TEC), §39.052, which requires an annual evaluation of the accreditation status of each school district. This section specifically safeguards diplomas, course credit, and grade promotions granted prior to the revocation by the commissioner; TEC, §39.056, which authorizes the agency to conduct monitoring reviews or investigations in accordance with requirements of the statutory provisions; TEC, §39.104, which applies interventions and sanctions imposed by TEC, Chapter 39, on school districts and campuses to open-enrollment charters. The section authorizes the commissioner to adopt rules to apply the interventions; TEC, §39.106, which requires the placement of a campus intervention team by the commissioner when a campus's performance fails to meet standards established under TEC, §39.054(e). This section also describes the duties, public notice, guidelines for a needs assessment to be done by a campus intervention team, and required areas of recommendations. This statute allows the commissioner to authorize some substitutions of certain committees and plans. The statute requires a board of trustees to take certain actions such as conducting a public hearing and submitting the plans to the commissioner; TEC, §39.107, which prescribes certain actions that must occur when a campus has consecutive years of unacceptable performance. The statute requires the development of a turnaround plan for two consecutive years of poor performance, requires public notice and input in developing the turnaround plan, details certain requirements of the turnaround plan, and authorizes the commissioner to adopt rules governing procedures for application to charters. The statute also prohibits the approval of a campus turnaround plan unless the commissioner determines the plan will achieve acceptable performance within two years of implementation and authorizes a district to implement a turnaround plan (or modified version) even if subsequent performance removes the requirement to implement the plan. TEC, §39.107, authorizes the commissioner to adopt rules necessary to implement the section; TEC, §39.109, which authorizes the commissioner to require a district or campus to select or be assigned professional services at their expense. This requirement is in addition to other interventions and sanctions authorized by statute. The statute authorizes additional requirements by the commissioner with regard to professional services; and TEC, §39.112, which describes the duties and responsibilities of a board of managers. This statute includes a requirement for the commissioner to, if possible, appoint certain types of individuals to a board of managers.

CROSS REFERENCE TO STATUTE. The amendments and new sections implement the TEC, §§39.052, 39.056, 39.104, 39.106, 39.107, 39.109, and 39.112.