The Texas Education Agency (TEA) proposes an amendment to §97.1055, concerning accreditation status. The proposed amendment would modify the rule to indicate that TEA will not issue accreditation statuses in the 2020-2021 academic year due to the lack of accountability ratings for the prior academic year and that, for purposes of issuing lowered accreditation statuses based on consecutive years of performance, the 2019 and the 2021 academic accountability ratings are consecutive.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 97.1055(a)(1) requires the commissioner to annually assign each school district an accreditation status. Subsections (a)(1)(A) and (b)-(e) set forth 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. In years in which the applicable academic rating cannot be issued to school districts due to extraordinary public health and safety circumstances, the commissioner does not have both applicable ratings necessary to issue an Accreditation status, as required. Due to extraordinary public health and safety circumstances related to COVID-19 and the closure of schools during the state's testing window, academic accountability ratings were not issued for the 2019-2020 school year. The 2020 rating label issued to all districts and campuses is Not Rated: Declared State of Disaster.

The proposed amendment to §97.1055 would amend subsection (a)(9) to clarify that the academic accountability ratings issued for the 2018-2019 and 2020-2021 school years are consecutive when determining multiple years of academically unacceptable or insufficient performance. In addition, subsection (a)(11) would be amended to clarify that accreditation statuses issued for the 2019-2020 and 2021-2022 school years are consecutive.

The proposed amendment would add new subsection (a)(12) to clarify how a rating of Not Rated-Data Integrity or similar rating is issued to a school district will affect accreditation. When such a rating is issued, the commissioner may withhold or withdraw a previously issued accreditation rating. In the following school year, the commissioner will issue an accreditation rating based on the applicable school years.

The proposed amendment would also add new subsection (a)(13) to clarify that when there is a rating in only the financial accountability rating system or the academic accountability rating system, the commissioner may elect whether to consider the available rating when assigning a future accreditation status. This will allow the commissioner flexibility to determine the proper accreditation status when the district has a chain of failures in both accountability systems and breaks the chain when only one rating is available.

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 limit and expand an existing regulation. The proposed amendment would limit the requirement that the agency issue accreditation statuses annually by enabling the agency not to assign statuses for the 2020-2021 school year due to the lack of academic accountability ratings for the 2019-2020 school year. The proposed amendment would expand the regulation by clarifying that academic accountability ratings for the 2018-2019 and 2020-2021 school years will be consecutive for the purposes of determining multiple years of unacceptable or insufficient academic performance and that the accreditation statuses issued for the 2019-2020 and 2021-2022 school years will be consecutive.

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 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 school districts continue to receive an accreditation status on an annual basis and provide a clear process by which the agency will assign statuses in years in which the applicable ratings used to determine statuses are not issued. 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 new data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: 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 November 13, 2020, and ends December 14, 2020. 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 November 13, 2020. 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/.

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.