Adopted Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1004, Adequate Yearly Progress
I. Statutory Citations (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1004, Adequate Yearly Progress (PDF)
SUMMARY: The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts an amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1004, Adequate Yearly Progress. The amendment adopts applicable excerpts, Sections II-V, of the 2010 Adequate Yearly Progress Guide. Earlier versions of the guide will remain in effect with respect to the school years for which they were developed. No changes were made to the rule or guide since published as proposed.
STATUTORY AUTHORITY: Texas Education Code, §§7.055(b)(32) and 39.073 and 39.075(a)(4), as these sections existed before amendment by House Bill 3, 81st Texas Legislature, 2009. These remain in effect through the 2010-2011 school year.
EFFECTIVE DATE: October 31, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Under the accountability provisions in the federal No Child Left Behind Act, all public school campuses, school districts, and the state are evaluated for Adequate Yearly Progress (AYP). Districts, campuses, and the state are required to meet AYP criteria on three measures: reading/English language arts, mathematics, and either graduation rate (for high schools and districts) or attendance rate (for elementary and middle/junior high schools). If a campus, district, or state receiving Title I, Part A, funds fails to meet AYP for two consecutive years, that campus, district, or state is subject to certain requirements such as offering supplemental educational services, offering school choice, or taking corrective actions. To implement these requirements, the agency developed the AYP guide.
Agency legal counsel has determined that the commissioner of education should take formal rulemaking action to place into the Texas Administrative Code procedures related to AYP. Through 19 TAC §97.1004, adopted effective July 14, 2005, the commissioner exercised rulemaking authority to establish provisions related to AYP and set forth the process for evaluating campus and district AYP status. Portions of each AYP guide have been adopted beginning with the 2004 AYP Guide, and the intent is to annually update 19 TAC §97.1004 to refer to the most recently published AYP guide.
The amendment to 19 TAC §97.1004 updates the rule to adopt applicable excerpts, Sections II-V, of the 2010 Adequate Yearly Progress Guide. These excerpted sections describe specific features of the system, AYP measures and standards, and appeals. In 2010, the U.S. Department of Education (USDE) approved changes to specific components of the AYP system, including the areas addressed in the applicable excerpts of the 2010 AYP Guide. Examples of approved changes include federally required development of a statewide four-year longitudinal graduation rate goal and annual targets of improvement, including the alternative use of a five-year longitudinal graduation rate for AYP calculations; implementation of the Texas Projection Measure (TPM) for TAKS-Modified (TAKS-M) assessments in Grades 4, 7, and 10; implementation of the TAKS Alternate (TAKS-Alt) growth measure for all subjects and all grades; revised business rules for the assignment of students to the limited English proficient (LEP) student group for graduation rate calculations; and the use of uniform averaging of data across years for districts and campuses with small numbers of tested students. Other minor modifications include the removal of hurricane provisions related to the Hurricane Ike Flexibility waiver and removal of the USDE H1N1 provision.
In addition, subsection (d) has been modified to specify that the AYP guide adopted for the school years prior to 2010-2011 will remain in effect with respect to those school years.
No changes were made to the rule or guide since published as proposed.
FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the adopted rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The amendment continues to inform the public of the AYP rating procedures for public schools by including this rule in the Texas Administrative Code.
PROCEDURAL AND REPORTING IMPLICATIONS: The adopted amendment establishes in rule the specific AYP procedures for 2010. Applicable procedures are to be adopted each year as annual versions of the AYP guide are published.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The adopted amendment has no locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal began August 27, 2010, and ended September 27, 2010. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment, Accountability, and Data Quality
For additional information, email email@example.com.