Adopted Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System
I. Statutory Citations (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System (PDF)
III. Summary of Public Comments and Agency Responses
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, §97.1005, Performance-Based Monitoring Analysis System. The amendment adopts applicable excerpts of the Performance-Based Monitoring Analysis System 2010 Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed.
Texas Education Code (TEC), §§7.028(a), 29.001(5), 29.010(a), 39.051, 39.052, 39.054, 39.056, 39.057, 39.058, 39.102, 39.103, and 39.104.
August 4, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
House Bill 3459, 78th Texas Legislature, 2003, added the TEC, §7.027, limiting and redirecting monitoring done by the Texas Education Agency (TEA) to that required to ensure school district and charter school compliance with federal law and regulations; financial accountability, including compliance with grant requirements; and data integrity for purposes of the Public Education Information Management System (PEIMS) and accountability under TEC, Chapter 39. Legislation passed in 2005 renumbered TEC, §7.027, to TEC, §7.028. To meet this monitoring requirement, the agency developed the Performance-Based Monitoring Analysis System (PBMAS), which is used in conjunction with other evaluation systems, to monitor performance and program effectiveness of special programs in school districts and charter schools.
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 the PBMAS. Given the statewide application of the PBMAS and the existence of sufficient statutory authority for the commissioner of education to formally adopt rules in this area, portions of each annual PBMAS Manual have been adopted since the first PBMAS Manual was developed in 2004-2005. The PBMAS evolves from year to year, and the intent is to annually update 19 TAC §97.1005 to refer to the most recently published PBMAS Manual.
The adopted amendment to 19 TAC §97.1005 updates the current rule by adopting excerpted sections of the PBMAS 2010 Manual. These excerpted sections describe the specific criteria and calculations that will be used to assign 2010 PBMAS performance levels.
The 2010 PBMAS includes several key changes from the 2009 system. New standards and cut-points were adopted for several PBMAS indicators, including the Limited English Proficient (LEP) Participation Rate, the 3-5 Year Olds Less Restrictive Environment (LRE) Placement Rate, the 6-11 Year Olds LRE Placement Rate, the 12-21 Year Olds LRE Placement Rate, the Special Education Discretionary Discipline Alternative Education Program (DAEP) Placements, and the Special Education Discretionary Placements to In-School Suspension (ISS). Several PBMAS indicators moved from "Report Only" indicators to indicators with performance level assignments, including the LEP (Not Served in Bilingual Education/English as a Second Language) Texas Assessment of Knowledge and Skills (TAKS) Passing Rate, the Texas English Language Proficiency Assessment System (TELPAS) Reading Multi-Year Beginning Proficiency Level Rate, the TELPAS Composite Rating Levels for Students in U.S. Schools Multiple Years, the Title I, Part A Annual Dropout Rate (Grades 7-12), the Special Education TAKS-M Participation Rate, the Special Education TAKS-Alt Participation Rate, and the Special Education Discretionary Placements to Out-of-School Suspension (OSS).
To address the final phase-in of TAKS (Accommodated) performance results, a "hold harmless" provision has been added to two subject-area indicators in both the Career and Technical Education and the Special Education program areas. Changes to the PBMAS indicators for 2010 are marked in the manual as "New!" for easy reference.
The adopted amendment also modifies subsection (d) to specify that the PBMAS Manual adopted for the school years prior to 2010-2011 will remain in effect with respect to those school years.
In response to public comment, a clarification to page 3 of the excerpted sections of the manual adopted in rule has been added to explain that the Not Assigned performance level includes circumstances in which that performance level must be assigned to address situations in which compromised data render any other performance level designation impossible to determine.
Also in response to public comment, a clarification to Appendix C of the excerpted sections of the manual adopted in rule has been added to explain that a district can continue (by a specified date) to request from the agency a recalculation of an incorrect performance level if a district determines that one or more PBMAS performance level assignments were based on a data or calculation error attributable to the agency or one of the agency's data contractors.
The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed 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 adopted amendment will continue to inform the public of the existence of annual manuals specifying PBMAS procedures by including this rule in the Texas Administrative Code.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted amendment establishes in rule the PBMAS procedures for assigning the 2010 PBMAS performance levels. Applicable procedures will be adopted each year as annual versions of the PBMAS Manual are published.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted amendment has no locally maintained paperwork requirements.
The public comment period on the proposal began May 14, 2010, and ended June 14, 2010. In addition, a request for a public hearing on the proposal was submitted under the Administrative Procedure Act. The public hearing was held on June 18, 2010, following notice of the public hearing being filed with the Texas Register on June 9, 2010. Attachment III reflects a summary of public comments received, including those received at the public hearing, and corresponding agency responses regarding the proposed revisions to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System.
OTHER COMMENTS AND RELATED ISSUES:
Staff Member Responsible:
Criss Cloudt, Associate Commissioner, Assessment, Accountability, and Data Quality
For additional information, email firstname.lastname@example.org.