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The Texas Education Agency (TEA) adopts an amendment to §109.1001, concerning financial accountability. The amendment is adopted without changes to the proposed text as published in the April 24, 2020 issue of the Texas Register (45 TexReg 2633) and will not be republished. The adopted amendment updates financial accountability rating information and rating worksheets for school districts and open-enrollment charter schools. REASONED JUSTIFICATION: Section 109.1001 includes the financial accountability rating system and rating worksheets that explain the indicators that TEA will analyze to assign financial accountability ratings for school districts and open-enrollment charter schools. The rule also specifies the minimum financial accountability rating information that a school district or an open-enrollment charter school is to report to parents and taxpayers in the district. The adopted amendment clarifies the financial accountability rating indicators terminology used to determine each school district's rating for the 2019-2020 rating year and subsequent years by revising the ratings worksheet calculations in §109.1001(e)(4), (e)(5), (f)(4), and (f)(5). The adopted worksheets, dated April 2020, differ from the worksheets dated June 2019 as follows. Figure: 19 TAC §109.1001(e)(4) Indicator 4 was revised to correct misspelled terminology used in the calculation worksheets. Indicators 5 and 8 were revised to clarify terminology that aligns with the calculation used to score the indicator when student membership increases. The determination of school district rating chart in the worksheet was revised to update reference to Texas Education Code (TEC), Chapter 49, instead of Chapter 41, as that chapter was transferred and redesignated by House Bill (HB) 3, 86th Texas Legislature, 2019. Figure: 19 TAC §109.1001(e)(5) Indicator 4 was revised to correct misspelled terminology used in the calculation worksheets. Indicators 5 and 11 was revised to clarify terminology that aligns with the calculation used to score the indicator when student membership increases. Indicator 6 was revised to correct misspelled terminology used in the calculation worksheets. Indicators 15 and 19 were revised to correct misspelled terminology used in the worksheets and calculation graphics. The determination of points chart in the worksheet was revised to correct misspelled terminology for indicator 15. The determination of school district rating chart in the worksheet was revised to update reference to TEC, Chapter 49, instead of Chapter 41, as that chapter was transferred and redesignated by HB 3, 86th Texas Legislature, 2019. Figure: 19 TAC §109.1001(f)(4) Indicator 4 was revised to correct misspelled terminology used in the calculation worksheets. Indicators 5 and 8 were revised to clarify terminology that aligns with the calculation used to score the indicator when student membership increases. Figure: 19 TAC §109.1001(f)(5) Indicator 4 was revised to correct misspelled terminology used in the calculation worksheets. Indicators 5 and 11 were revised to clarify terminology that aligns with the calculation used to score the indicator when student membership increases. Indicator 20 was revised to correct misspelled terminology used in the calculation worksheets. The adopted amendment updates statutory references in subsections (i) and (k). SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began April 24, 2020 and ended June 8, 2020. No public comments were received. STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §12.104, which subjects open-enrollment charter schools to the prohibitions, restrictions, or requirements relating to public school accountability under TEC, Chapter 39, Subchapters B, C, D, F, G, and J, and TEC, Chapter 39A; TEC, §39.082, which requires the commissioner to develop and implement a financial accountability rating system for public schools and establishes certain minimum requirements for the system, including an appeals process; TEC, §39.083, which requires the commissioner to include in the financial accountability system procedures for public schools to report and receive public comment on an annual financial management report; TEC, §39.085, which requires the commissioner to adopt rules to implement TEC, Chapter 39, Subchapter D, which addresses financial accountability for public schools; and TEC, §39.151, which requires the commissioner to provide a process by which a district or charter school can challenge an agency decision related to academic or financial accountability under TEC, Chapter 39. This process must include a committee to make recommendations to the commissioner. These provisions collectively authorize and require the commissioner to adopt the financial accountability system rules, which implement each requirement of statute applicable to districts and open-enrollment charter schools. CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§12.104, 39.082, 39.083, 39.085, and 39.151. |
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