Proposed Repeal of 19 TAC Chapter 97, Planning and Accountability,
Subchapter A, Accountability
(Second Reading and Final Adoption)
November 18, 2011
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability. The proposed repeal is necessary to reflect statutory changes resulting from House Bill (HB) 3, 81st Texas Legislature, 2009, which transferred authority to adopt student achievement indicators from the State Board of Education (SBOE) to the commissioner of education. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§39.051-39.054, as amended and added by HB 3, 81st Texas Legislature, 2009.
EFFECTIVE DATE: The proposed effective date of the proposed repeal of 19 TAC Chapter 97, Subchapter A, is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2012-2013 school year. The earlier effective date will immediately repeal rules to reflect the transfer of authority.
PREVIOUS BOARD ACTION: The SBOE adopted the current rules in 19 TAC Chapter 97, Subchapter A, to be effective December 7, 2003. Amendments to rules in 19 TAC Chapter 97, Subchapter A, were adopted to be effective December 25, 2007. The proposed repeal was approved for first reading and filing authorization at the September 2011 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In November 2003, the SBOE adopted revisions to 19 TAC Chapter 97, Subchapter A, to bring the rules into closer alignment with state and federal statute. In November 2007, the SBOE adopted amendments to 19 TAC Chapter 97, Subchapter A, to incorporate minor edits necessary to bring the rules into alignment with state statute current at the time.
In June 2009, the 81st Texas Legislature enacted HB 3, which made significant changes to the Texas public school accountability system, including requiring the commissioner of education to adopt a set of indicators of the quality of learning on a campus and to review the indicators for consideration of appropriate revisions.
This change in statute requires the repeal of SBOE rules in 19 TAC Chapter 97, Subchapter A. No additional changes are recommended since approved for first reading.
FISCAL IMPACT: 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 proposed repeal would update the Texas Administrative Code to reflect new requirements in statute and to help ensure that these requirements are clearly defined for students, school districts, and the public.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeal would have no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeal would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the September 2011 SBOE meeting, notice of the proposed repeal of 19 TAC Chapter 97, Subchapter A, was filed with the Texas Register initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received and corresponding agency responses regarding the proposal will be provided to the SBOE during the November 2011 meeting.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption the proposed repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability, with an effective date of 20 days after filing as adopted with the Texas Register.
Commissioner of Education
Staff Members Responsible:
Criss Cloudt, Associate Commissioner
Assessment and Accountability
Shannon Housson, Director
I. Statutory Citations
II. Text of Proposed Repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability