ATTACHMENT III
Summary of Public Comments and Agency Responses Related to Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System
Comment: The Texas Charter Schools Association (TCSA) commented on the Special Education Representation indicator and stated that students may enter charters already identified as requiring special education services. The TCSA stated that as such, the charter is obligated to serve those students as required under federal special education law and guidelines, with the result often being that a charter may be assigned a Performance Level above 0 for a circumstance for which it has little to no control. The TCSA suggested the Special Education Representation indicator be adjusted to measure identification of students with special needs and to apply filters (similar to those that currently exist for residential facilities) to charters that have historically served students with special needs effectively and at higher rates due to their missions and have therefore attracted a higher number of students requiring special education and other special services.
Agency Response: The agency agrees that charters, like all districts in Texas, are required to serve students in accordance with federal special education law and that charters, like all districts, have students enrolled who have already been identified as eligible for special education services. The agency disagrees with the suggestion to adjust the Special Education Representation indicator by measuring identification of students with special needs and applying charter-specific filters to the indicator and maintains language as published as proposed. The PBMAS was developed to take into consideration the diversity that exists across districts, not only in terms of charter schools, but also between small and large districts, rural and urban districts, economically disadvantaged and non-economically disadvantaged districts, and districts with significant numbers of at-risk students and districts with small numbers of at-risk students. The diversity of the state's districts and charters is appropriately accommodated in the PBMAS through a variety of unique components, including performance level cut-points, special analysis, minimum size requirements, and required improvement, all of which effectively allow the PBMAS to evaluate a very diverse set of districts while at the same time generously accounting for any unique circumstances that may exist for any given indicator or district. Furthermore, a primary purpose of the PBMAS is to meet federal monitoring expectations and federal program requirements, which the Special Education Representation indicator, as implemented in the PBMAS since 2004, appropriately accomplishes.
Comment: The TCSA commented on the Graduation Rate indicators and stated that many charter campuses serve a very high number of students in at-risk situations. The TCSA suggested that filters be applied to the Graduation Rate indicators for charters whose campuses serve a majority of at-risk students who enter charters already behind their graduating cohort.
Agency Response: The agency agrees that charters, like many districts in Texas, have campuses that serve a very high number of students in at-risk situations. The agency disagrees with the suggestion to adjust the Graduation Rate indicators by applying charter-specific filters to the indicator and maintains language as published as proposed. The PBMAS was developed to take into consideration the diversity that exists across districts, not only in terms of charter schools, but also between small and large districts, rural and urban districts, economically disadvantaged and non-economically disadvantaged districts, and districts with significant numbers of at-risk students and districts with small numbers of at-risk students. The diversity of the state's districts and charters is appropriately accommodated in the PBMAS through a variety of unique components, including performance level cut-points, special analysis, minimum size requirements, and required improvement, all of which effectively allow the PBMAS to evaluate a very diverse set of districts while at the same time generously accounting for any unique circumstances that may exist for any given indicator or district. Furthermore, a primary purpose of the PBMAS is to meet federal monitoring expectations and federal program requirements, which the Graduation Rate indicators, as implemented in the PBMAS since 2007, appropriately accomplish.
Comment: The TCSA stated that with each intervention stage additional activities are required of districts and charters, ranging from simple explanations of the data to highly detailed continuous improvement plans, public hearings, and on-site reviews. The TCSA suggested that charters who serve a higher percentage of at-risk students or special populations be able, for intervention purposes, to engage in minimal intervention activities for the Special Education Representation and Graduation Rate indicators. The TCSA noted, for example, that a charter school in the alternative education accountability system should be able to state that a great number of its students entered the charter already behind in grade level and are unlikely to graduate with their cohorts. The TCSA stated that this intervention activity could be submitted without the charter advancing in intervention stages and without the charter having to complete a detailed analysis, a continuous improvement plan, hold a public hearing, or prepare for an on-site review.
Agency Response: The agency cannot address the comment because it is outside of the scope of the current rule proposal.
For additional information, email rules@tea.state.tx.us.