The Texas Education Agency (TEA) proposes an amendment to §97.1055, concerning accreditation status. The proposed amendment would modify the rule to reflect the applicability of proposed new 19 TAC §97.1060(e) to accreditation status under Texas Education Code (TEC), Chapter 39, Subchapter C, and to clarify the commissioner's authority to revoke a district's accreditation status that is operated by an appointed board of managers.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 97.1055 defines the requirements a school district must meet each school year to receive the status of Accredited and states how the accreditation statuses of Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked are determined. Furthermore, this section provides for commissioner authority to revoke a district's accreditation status should the action be reasonably necessary notwithstanding other rules.

The proposed amendment to §97.1055 would modify subsections (b)(1)(A), (c)(1)(A), and (d)(1)(A) to explicate the applicability of proposed new 19 TAC §97.1060(e), Considerations Regarding Needs Improvement Rating, to the determination of Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked statuses, respectively. The proposal would also remove the phrase, "beginning with its 2006 rating" since the phrase is no longer applicable.

Additionally, the proposed amendment to §97.1055 would modify subsection (d)(5) to clarify the commissioner's authority to revoke, should it be deemed necessary, a district's accreditation status that is operated by an appointed board of managers and assigned accreditation statuses under §97.1055(d)(3).

The proposed amendment would also modify 19 TAC §97.1055 to update cross references to align with HB 3, 86th Texas Legislature, 2019, which recodified sections of TEC, Chapter 42, into TEC, Chapter 48.

FISCAL IMPACT: Jeff Cottrill, deputy commissioner for governance and accountability, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation. Proposed new §97.1060(e) would define additional criteria (subsequent assignment of overall "D" accountability rating) for which a district's performance would constitute unacceptable performance. The proposed amendment to §97.1055 would add these criteria to those that are used to determine a district's accreditation status of Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Cottrill has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be ensuring that rule language is based on current law and provides school districts with clarifications on the assignment of accreditation statuses and the applicability of sanctions and any future district ratings on subsequent accreditation status assignments. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 30, 2019, and ends September 30, 2019. 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 August 30, 2019. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §39.051, which requires the commissioner to determine accreditation statuses; and TEC, §39.052, which establishes the requirements for the commissioner to consider when determining accreditation statuses.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §39.051 and §39.052.