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 amendments to 19 TAC Chapter 97, Planning and Accountability, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews, and Subchapter EE, Accreditation Status, Standards, and Sanctions. The adopted amendments add language to include charter schools in the accreditation process under Texas Education Code (TEC), Chapter 39. No changes were made to the rules since published as proposed.

STATUTORY AUTHORITY:

TEC, §§12.104, 39.071, 39.076, 39.131, 39.132, 39.1321, and 39.302.

EFFECTIVE DATE:

November 23, 2008.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:

During the 79th Texas Legislature, Third Called Session, 2006, House Bill (HB) 1 was passed, which amended the TEC, Chapter 39, Public School System Accountability. The HB 1 changes addressed, in part, the accreditation of school districts; sanctions and interventions for school districts, charter schools, and campuses; and the review by the State Office of Administrative Hearings of certain sanctions. As a result, the Texas Education Agency (TEA) was required to adopt rules to implement the changes addressed.

In January 2008, the TEA notified districts that 19 TAC Chapter 97, Planning and Accountability, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews, had been amended and that 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, and 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions, had been adopted to establish new and revised rules in compliance with HB 1. The rule actions clarified and codified current TEA practice, as well as the commissioner of education's intent, regarding accreditation issues.

New 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, adopted to be effective January 6, 2008, included new rules that define the accreditation statuses of Accredited, Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked and state how accreditation statuses will be determined and assigned to school districts. The adoption also established accreditation standards and sanctions, including definitions, purpose, and oversight appointments.

Because they were not included in the School FIRST (Financial Integrity Rating System of Texas) financial accountability rating system, charter schools have not received an accreditation status under the TEC, Chapter 39. The adopted amendments add language to include charter schools in the accreditation process. The adopted amendments to 19 TAC Chapter 97, Subchapters DD and EE, presented in this item include the following.

In 19 TAC Chapter 97, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews, §97.1037, Record Review of Certain Decisions, has been amended to add new subsection (a)(5) to apply the request for record review process to a charter school accreditation finding.

In 19 TAC Chapter 97, Subchapter EE, Accreditation Status, Standards, and Sanctions, the following amendments are adopted.

Section 97.1051, Definitions, has been amended to include a charter school campus to the definition of campus and add other definitions to clarify applicability to open-enrollment charter schools. Section 97.1053, Purpose, has been amended to add new subsection (c) to specify applicability to open-enrollment charter schools.

Section 97.1055, Accreditation Status, has been amended to address charter school accreditation by adding new subsection (g) that establishes substitute criteria when considering the financial performance of a charter operator in lieu of a financial accountability rating. The adopted new subsection (g) also establishes the process to be used concerning specific financial accountability findings. In addition, adopted new subsection (h) has been added to address third-party accreditation.

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

FISCAL IMPACT:

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 amendments to 19 TAC Chapter 97, Subchapters DD and EE, will include charter schools in the accreditation process under TEC, Chapter 39. Charter schools will be evaluated and given accreditation ratings, which will allow the public to make more informed decisions with regard to the education of children.

PROCEDURAL AND REPORTING IMPLICATIONS:

None.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:

None.

PUBLIC COMMENTS:

The public comment period began September 12, 2008, and ended October 13, 2008. A summary of public comments received and corresponding agency responses regarding the proposed amendments to 19 TAC Chapter 97, Planning and Accountability, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews, and Subchapter EE, Accreditation Status, Standards, and Sanctions, can be found in Attachment III.

ALTERNATIVES:

None.

OTHER COMMENTS AND RELATED ISSUES:

None.

Staff Members Responsible:

Mary Perry, Director, Charter School Administration

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

Page last modified on 8/30/2011.