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 Citations (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)
III. Summary of Public Comments and Agency Responses
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 2011 Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed. No changes were made to the rule or manual since published as proposed.
Texas Education Code (TEC), §§7.028(a), 29.001(5), 29.010(a), 39.051, 39.052, 39.054, 39.056, 39.057, 39.058, 39.102, 39.103, and 39.104.
July 28, 2011.
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 2011 Manual. These excerpted sections describe the specific criteria and calculations that will be used to assign 2011 PBMAS performance levels.
The 2011 PBMAS includes several key changes from the 2010 system. The phase-in of TAKS-Modified and TAKS-Alternate performance results is reflected in the 2011 PBMAS TAKS passing rate indicators as appropriate. Cut-point adjustments have been made for the first time to all annual dropout rate indicators. Required Improvement has been added to all graduation rate indicators. New standards and cut-points were adopted for several PBMAS indicators, including the 3-5 Year Olds Less Restrictive Environments (LRE) Placement Rate, the 6-11 Year Olds LRE Placement Rate, the 12-21 Year Olds LRE Placement Rate, the Special Education Discretionary Discipline Alternative Education Program (DAEP) Placements, the Special Education Discretionary Placements to In-School Suspension (ISS), and the Special Education Discretionary Placements to Out-of-School Suspension (OSS). The No Child Left Behind, Title I, Part A Recommended High School Program (RHSP)/Distinguished Achievement Program (DAP) Diploma Rate indicator moved from a "Report Only" indicator to an indicator with performance level assignments.
The "hold harmless" provision that was added in the 2010 PBMAS to two subject-area indicators in both the Career and Technical Education and the Special Education program areas was removed. The Special Education African American Representation and Hispanic Representation indicators were modified based on consideration of the new federal race/ethnicity categories in relation to the intent of those indicators. Changes to the PBMAS indicators for 2011 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 2011-2012 will remain in effect with respect to those school years.
No changes were 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 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 assigning the 2011 PBMAS performance levels. 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 May 27, 2011, and ended June 27, 2011. Attachment III reflects a summary of public comments received and corresponding agency responses regarding the proposed amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Performance-Based Monitoring Analysis System.
OTHER COMMENTS AND RELATED ISSUES:
Staff Member Responsible:
Criss Cloudt, Associate Commissioner, Assessment, Accountability, and Data Quality
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