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)
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 2008 Adequate Yearly Progress Guide. No changes have been made to the rule or guide since published as proposed.
Texas Education Code, §§7.055(b)(32), 39.073, and 39.075(a)(4).
September 30, 2008.
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 adopted amendment to 19 TAC §97.1004 updates the rule to adopt applicable excerpts, Sections II-V, of the 2008 Adequate Yearly Progress Guide. These excerpted sections describe specific features of the system, AYP measures and standards, and appeals. In 2008, 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 2008 AYP Guide. Examples of approved changes include approval of timeline for delayed release of preliminary AYP results, use of the TAKS-Modified test for assessing special education students on modified academic achievement standards, change to the federal cap process, clarification of Safe Harbor requirements, and the expiration of the November 30, 2005, flexibility agreement between Texas and USDE related to inclusion of students with disabilities in the calculation of AYP.
In addition, subsection (d) has been modified to specify that the AYP guide adopted for the school years prior to 2008-2009 will remain in effect with respect to those school years.
No changes have been made to the rule or guide since published as proposed.
The Texas Education Agency 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 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 2008. Applicable procedures are to be adopted each year as annual versions of the AYP guide are published.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The public comment period on the proposal began July 25, 2008, and ended August 25, 2008. No public comments were received during the comment period.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment, Accountability, and Data Quality
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