The Texas Education Agency (TEA) adopts an amendment to §97.1055, concerning accreditation status. The amendment is adopted with changes to the proposed text as published in the August 30, 2019 issue of the Texas Register (44 TexReg 4618) and will be republished. The adopted amendment modifies the rule to clarify the commissioner's authority to revoke a district's accreditation status that is operated by an appointed board of managers and to update cross references.

REASONED 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.

As proposed, the amendment to §97.1055 would have modified 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. However, due to the expiration of proposed new 19 TAC §97.1060 prior to adoption, all references of its applicability to 19 TAC §97.1055 have been removed at adoption.

The adopted amendment to §97.1055 removes the phrase, "beginning with its 2006 rating" since the phrase is no longer applicable.

The adopted amendment to §97.1055 also modifies 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).

Additionally, the adopted amendment modifies §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.

At proposal, the government growth impact assessment stated that the proposed rulemaking would expand an existing regulation by referencing the criteria in 19 TAC §97.1060 that may be used to determine a district's accreditation status of Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked. However, since references to §97.1060 were removed from the rule at adoption, this government growth impact is no longer applicable.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began August 30, 2019, and ended September 30, 2019. Following is a summary of public comments received and corresponding agency responses.

Comment: The Texas School Alliance (TSA) expressed support for the proposed amendment that would remove the phrase "beginning with the 2006 rating" since the phrase is no longer applicable and that would modify subsection (d)(5) to clarify the commissioner's authority to revoke a district's accreditation status that is operated by an appointed board of managers.

Agency Response: The agency agrees with removing the outdated language and clarifying the commissioner's revocation authority.

Comment: TSA commented that the proposed amendment does not align with stated legislative intent. Specifically, TSA conveyed that TEC, §39.054, clearly differentiates between "D" and "F" letter grades and stated that "D" represents acceptable performance. Additionally, TSA commented that the House Public Education Committee's Interim Report to the 86th Texas Legislature states that lawmakers agreed that there should be some difference between intervention required for scores of "D" and "F." Finally, TSA commented that creating a "chain of unacceptable ratings" that is not expressed in legislation is inconsistent with the statutes adopted in the 85th legislative session.

Agency Response: The agency provides the following clarification. Due to the expiration of proposed new 19 TAC §97.1060, the agency has modified the amendment to §97.1055 at adoption to remove all references of the applicability of §97.1060 to §97.1055.

Comment: The Texas Association of School Boards (TASB) and the Texas Association of School Administrators (TASA) commented that the proposed amendment provides that a district's accreditation status will be lowered if the district receives a "D" rating for two consecutive years and will continue to lower with subsequent "D" ratings. TASB and TASA also commented that the proposed amendment is based on 19 TAC §97.1060, which is authorized by TEC, §39.101(c), and noted that the statute provides that a "D" rating is treated as an unacceptable rating after two consecutive years for purposes of accountability interventions and sanctions. TASB and TASA stated that the proposed amendment conflates accountability details with accreditation details. Additionally, TASB and TASA noted that the proposed amendment is unnecessary because under current 19 TAC §97.1055, the commissioner has broad discretion to lower accreditation status. TASB and TASA stated that if the district's circumstances require a lowering of accreditation status, the commissioner likely already has the flexibility and concluded that there is no need for this automatic requirement.

Agency Response: The agency provides the following clarification. Due to the expiration of proposed new 19 TAC §97.1060, the agency has modified the amendment to §97.1055 at adoption to remove all references of the applicability of §97.1060 to §97.1055.

Comment: The Texas Urban Council recommended that the agency withdraw the proposed amendment and proposed new rule and allow current statute to apply to the 2019 and 2020 Needs Improvement "D" ratings because proposed new 19 TAC §97.1060 violates express and legislative intent of the law, defaults on the commissioner's commitment to not change goal posts for five years, has significant negative consequences, and lacks any legislative or agency consideration.

Agency Response: The agency provides the following clarification. Due to the expiration of proposed new 19 TAC §97.1060, the agency has modified the amendment to §97.1055 at adoption to remove all references of the applicability of §97.1060 to §97.1055.

STATUTORY AUTHORITY. The amendment is adopted 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.