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 new 19 TAC Chapter 102, Educational Programs, Subchapter HH, Commissioner's Rules Concerning the Texas Adolescent Literacy Academies, §102.1101, Attendance and Completion Requirements for Texas Adolescent Literacy Academies. The adopted new rule implements the requirement of the Texas Education Code (TEC), §21.4551, that the commissioner of education by rule require a teacher to attend a reading academy if the teacher provides instruction in reading, mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level at a campus that is issued a final accountability rating of Academically Unacceptable in reading. No changes were made to the rule since published as proposed.

STATUTORY AUTHORITY:

TEC, §21.4551.

EFFECTIVE DATE:

July 6, 2008.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:

In 1999, the 76th Texas Legislature enacted the Student Success Initiative, which established grade advancement requirements based on student performance on statewide assessments in reading and/or mathematics in Grades 3, 5, and 8. Students in Grade 3 were subject to the grade advancement requirement in reading beginning in school year 2002-2003. Students in Grade 5 were subject to the requirements in reading and mathematics beginning in school year 2004-2005. In order to provide teachers of these students with the most current research-based strategies in the teaching of reading, the legislature funded reading academies for teachers of students in Kindergarten-Grade 4. These teacher reading academies ended in 2003, after the development of the reading academy for Grade 4.

In 2007, the 80th Texas Legislature passed legislation that addressed the academic performance differences of elementary students and students in Grades 6-8 on the state reading assessments. In addition, Grade 8 students are subject to the grade advancement requirements of the Student Success Initiative beginning with school year 2007-2008. The 80th Texas Legislature, through House Bill (HB) 2237, provided for the statewide implementation of adolescent literacy academies for teachers in Grades 6-8, beginning in the summer of 2008.

The Texas Adolescent Literacy Academies are intended to instruct English language arts and reading and content area teachers in successful, research-based strategies for improving students' academic literacy. The legislation also mandates that all teachers who provide instruction in reading, mathematics, science, or social studies to students in Grade 6, 7, or 8 at a campus issued an accountability rating of Academically Unacceptable must attend and complete the requirements of an English Language Arts or Content Area Academy.

Adopted new 19 TAC §102.1101 specifies the Texas Adolescent Literacy Academies and attendance and completion requirements for specific teachers. The new rule also defines which teachers must attend the academies, establishes an implementation schedule, addresses payment of stipends for eligible teachers, and requires school districts to maintain attendance and completion records.

No changes were made to the rule since published as proposed.

FISCAL IMPACT:

The adoption establishes in rule procedures for implementation of the attendance and completion requirements for Texas Adolescent Literacy Academies. The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. Each teacher required to attend the literacy academies will be eligible for a stipend and will not be required to pay for the training. All costs associated with implementation of the Texas Adolescent Literacy Academies will be covered by appropriated state funds. 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:

Adopted new 19 TAC Chapter 102, Educational Programs, Subchapter HH, Commissioner's Rules Concerning the Texas Adolescent Literacy Academies, §102.1101, Attendance and Completion Requirements for Texas Adolescent Literacy Academies, will ensure that teachers at Academically Unacceptable campuses receive professional development in successful, research-based strategies for improving academic literacy across the curriculum.

PROCEDURAL AND REPORTING IMPLICATIONS:

To assist the agency in implementing the new rule, regional education service centers (ESCs) will maintain records of teachers who register and complete the training sessions in their ESC regions. The Vaughn Gross Center at The University of Texas at Austin will maintain a management system to verify participants' completion of the online follow-up sessions and provide the names to the appropriate ESCs. An outside evaluator will conduct evaluation activities, including developing an evaluation report to be submitted to the TEA.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:

The adopted new rule will require affected school districts to verify teacher attendance and completion.

PUBLIC COMMENTS:

The public comment period on the proposal began April 18, 2008, and ended May 18, 2008. No public comments were received.

ALTERNATIVES:

None.

OTHER COMMENTS AND RELATED ISSUES:

None.

Staff Members Responsible:

Sharon Jackson, Associate Commissioner, Standards and Programs
Anita Givens, Deputy Associate Commissioner, Standards and Alignment
Mary F. "Muffet" Livaudais, Director of Special Projects, Standards and Programs

For additional information, email rules@tea.state.tx.us.

Page last modified on 8/30/2011.