The Texas Education Agency (TEA) proposes amendments to §§97.1055, 97.1057, 97.1059, 97.1072, and 97.1073, concerning accreditation status, standards, and sanctions. The proposed amendments would modify the rules to clarify the applicability of a district's last issued accreditation status during years in which a district's accreditation status is withheld pending completion of an appeal or review and to indicate which academic accountability ratings and accreditation statuses are consecutive as a result of the learning disruptions caused by the COVID-19 pandemic. The proposed amendments would also implement Senate Bill (SB) 1365, 87th Texas Legislature, Regular Session, 2021, by reflecting changes related to the Not Rated accountability rating and updating statutory references.

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.

The proposed amendment to §97.1055 would add new subsection (a)(8) to clarify that when a district's accreditation status is withheld pending completion of an appeal or review, the district's last issued accreditation status remains in effect until otherwise finalized or changed. The subsequent paragraphs would be renumbered due to the addition of proposed new subsection (a)(8).

Due to the learning disruptions caused by the extraordinary public health and safety circumstances related to COVID-19, academic accountability ratings were not issued for the 2019-2020 and 2020-2021 school years. The proposed amendment to §97.1055 would amend renumbered subsection (a)(10) to clarify that the academic accountability ratings issued for the 2018-2019 and 2021-2022 school years are consecutive when determining multiple years of academically unacceptable or insufficient performance for the purposes of accreditation. In addition, renumbered subsection (a)(12) would be amended to clarify that accreditation statuses issued for the 2019-2020 and 2022-2023 school years are consecutive.

Due to the passage of SB 1365, 87th Texas Legislature, Regular Session, 2021, the proposed amendment to §97.1055 would incorporate the accountability label of Not Rated as it relates to the commissioner's authority to withhold the assignment of an accreditation status or withdraw a previously issued accreditation status. Previously, only the label of Not Rated-Data Integrity was specified in this section. SB 1365 enables the commissioner to assign an accountability rating of Not Rated for reasons inclusive of but not limited to data integrity. The proposed amendment to renumbered subsections (a)(13) and (14) would reflect this change and clarify that when a rating of Not Rated or similar rating is issued to a school district, 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 amendments to §§97.1055, 97.1057, 97.1059, and 97.1073 would update statutory references to align with SB 1365, 87th Texas Legislature, Regular Session, 2021, which recodified Texas Education Code (TEC), Chapter 39, §39.057, into TEC, Chapter 39, §39.003, and changed "Special Accreditation Investigation" to "Special Investigation." In addition, the proposed amendments to §97.1059 and §97.1072 would update a cross reference title to 19 TAC §97.1071.

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 rulemaking would limit the requirement that the agency issue accreditation statuses annually by enabling the agency not to assign statuses for the 2021-2022 school year due to the lack of implementation of academic accountability ratings for the 2020-2021 school year and for any year during which a rating of Not Rating is issued to a school district. The proposed rulemaking would expand an existing regulation by clarifying that academic accountability ratings for the 2018-2019 and 2021-2022 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 2022-2023 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: Dr. 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 ensure 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 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 October 8, 2021, and ends November 8, 2021. 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 October 8, 2021. 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 amendments are proposed under Texas Education Code (TEC), §39.051, which requires the commissioner to determine accreditation statuses; TEC, §39.052, which establishes the requirements for the commissioner to consider when determining accreditation statuses; and TEC §39.054(a-5), as added by Senate Bill 1365, 87th Texas Legislature, Regular Session, 2021, which states that when a "not rated" rating is issued, the "not rated" rating is not included in the count of consecutive unacceptable ratings and is also not considered to be a break in the count of consecutive unacceptable ratings.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, TEC, §§39.051, 39.052, and 39.054(a-5).