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 Citation (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)
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 2009 Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed. No changes have been made to the rule or manual since published as proposed.
Texas Education Code (TEC), §7.028(a).
August 25, 2009.
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 2009 Manual. These excerpted sections describe the specific criteria and calculations that will be used to assign 2009 PBMAS performance levels.
The 2009 PBMAS includes several key changes from the 2008 system. New standards and cut points will be implemented for several PBMAS indicators, including the Limited English Proficient (LEP) Participation Rate, Career and Technical Education (CTE) Nontraditional Course Completion Rate, the Texas Assessment of Knowledge and Skills (TAKS)/TAKS (Accommodated) 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, and the Special Education Discretionary Placements to In-School Suspension. The Texas English Language Proficiency Assessment System (TELPAS) Reading Multi-Year Beginning Proficiency Level Rate indicator, which was suspended for the 2008 PBMAS, has been reinstated.
A new indicator to measure the performance of LEP students not served in a Bilingual Education (BE) or English as a Second Language (ESL) program has been added to the BE/ESL program area along with a Grades 9-12 LEP Annual Dropout Rate indicator and an indicator entitled TELPAS Composite Rating Levels for Students in U.S. Schools Multiple Years. The hold harmless provision which was added to the 2008 PBMAS to address the impact of the phase-in of TAKS (Accommodated) and Grade 8 Science results has been removed. Changes to the PBMAS indicators for 2009 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 2009-2010 will remain in effect with respect to those school years.
No changes have been made to the rule or manual since published as proposed.
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 2009. 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 June 19, 2009, and ended July 20, 2009. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment, Accountability, and Data Quality
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