TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 109. BUDGETING, ACCOUNTING, AND AUDITING

SUBCHAPTER DD. COMMISSIONER'S RULES CONCERNING FISCAL PEER GROUPS

19 TAC §109.4001

The Texas Education Agency (TEA) proposes new §109.4001, concerning fiscal peer groups. The proposed new section would establish the criteria to be used to place school districts and open-enrollment charter schools into fiscal peer groups for purposes of an online financial information tool.

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code, §39.001, authorizes the commissioner of education to adopt rules as necessary to administer TEC, Chapter 39, Public School System Accountability, and TEC, §39.085, authorizes the commissioner to adopt rules to administer TEC, Chapter 39, Subchapter D, Financial Accountability. TEC, §39.082(a)(2)(A), directs the commissioner to provide additional transparency to public education finance, and TEC, §39.082(h), authorizes the commissioner to adopt rules to administer the section.

Proposed new 19 TAC §109.4001 would promote transparency by allowing users of the txschools.gov website, which is designed to provide an in-depth look into how campuses and districts are performing overall and in different areas, to compare the financial data of similar school districts and open-enrollment charter schools based upon specific criteria. The criteria include whether the school district is eligible to receive the sparsity adjustment and student enrollment levels as established in proposed new subsection (a)(2). Open-enrollment charter schools will be placed in fiscal peer groups that do not receive the sparsity adjustment. A list of fiscal peer groups categorized using the criteria in the proposed new rule is posted on the TEA website at https://tea.texas.gov/Finance_and_Grants/State_Funding/Financial_Information_Tool_(FIT)/.

The establishment of fiscal peer groups is for informational purposes only and has no effect upon a school district's or an open-enrollment charter school's financial accountability rating. Groupings will be reevaluated on an ongoing basis.

FISCAL IMPACT: Leo Lopez, associate commissioner for school finance, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Lopez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be promoting transparency by ensuring that rule language provides for comparison of fiscal peer groups as determined by the commissioner. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins May 17, 2019, and ends June 17, 2019. A public hearing to solicit testimony and input on the proposal will be held at 9:00 a.m. on May 29, 2019, in Room 1-104, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701. Anyone wishing to testify at the hearing must sign in between 8:00 a.m. and 9:00 a.m. on the day of the hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

STATUTORY AUTHORITY. The new section is proposed under Texas Education Code (TEC), §39.001, which authorizes the commissioner to adopt rules as necessary to administer TEC, Chapter 39; TEC, §39.082(a)(2)(A), which directs the commissioner of education to provide additional transparency to public education finance; TEC, §39.082(h), which authorizes the commissioner to adopt rules to administer TEC, §39.082; and TEC, §39.085, which authorizes the commissioner to adopt rules to administer TEC, Chapter 39, Subchapter D.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §§39.001; 39.082(a)(2)(A) and (h); and 39.085.

§109.4001.Establishment of Fiscal Peer Groups.

(a) The criteria selected by the Texas Education Agency for use in an online financial information tool to place school districts and open-enrollment charter schools in fiscal peer groups include:

(1) whether the school district is eligible to receive the sparsity adjustment; and

(2) student enrollment levels, which are determined by districtwide enrollment of:

(A) 1 through 499 students;

(B) 500 through 999 students;

(C) 1,000 through 1,599 students;

(D) 1,600 through 4,999 students;

(E) 5,000 through 24,999 students; or

(F) 25,000 or more students.

(b) Open-enrollment charter schools will be placed in fiscal peer groups that do not receive the sparsity adjustment.

(c) The establishment of fiscal peer groups is for informational purposes only and has no effect upon a school district's or an open-enrollment charter school's financial accountability rating.

(d) Fiscal peer groups will be reevaluated on an ongoing basis.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 6, 2019.

TRD-201901315

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 16, 2019

For further information, please call: (512) 475-1497


CHAPTER 151. COMMISSIONER'S RULES CONCERNING PASSING STANDARDS FOR EDUCATOR CERTIFICATION EXAMINATIONS

19 TAC §151.1001

The Texas Education Agency (TEA) proposes an amendment to §151.1001, concerning passing standards for educator certification examinations. The proposed amendment would specify the satisfactory scores for the new Principal as Instructional Leader examination and the new Performance Assessment for School Leaders as well as update the passing standards for several other examinations.

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code (TEC), §21.048(a), requires the commissioner of education to establish the satisfactory levels of performance required on educator certification examinations and require a satisfactory level of performance on each core subject covered by an examination.

The proposed amendment would adopt passing standards for the new Principal as Instructional Leader certification examination and the new Performance Assessment for School Leaders. Most of the passing standards previously set by the commissioner would be maintained, but others would change as follows.

Beginning July 29, 2019, passing standards would be updated for the following Texas Examinations of Educator Standards (TExES) to reflect the average raw cut score based on all active forms of a test as changed by new test forms being introduced and/or some test forms being discontinued or revised:

-801 Core Subjects EC-6 English Language Arts and Reading and the Science of Teaching Reading

-802 Core Subjects EC-6 Mathematics

-803 Core Subjects EC-6 Social Studies

-804 Core Subjects EC-6 Science

-113 English Language Arts and Reading/Social Studies 4-8

-114 Mathematics/Science 4-8

-115 Mathematics 4-8

-806 Core Subjects 4-8: English Language Arts and Reading

-808 Core Subjects 4-8: Social Studies

-235 Mathematics 7-12

-238 Life Science 7-12

-231 English Language Arts and Reading 7-12

-256 Journalism 7-12

-177 Music EC-12

-158 Physical Education EC-12

-242 Technology Applications EC-12

-272 Agriculture, Food, and Natural Resources 6-12

-273 Health Science 6-12

-276 Business and Finance 6-12

-184 American Sign Language EC-12

-610 LOTE: French EC-12

-611 LOTE: German EC-12

-613 LOTE: Spanish EC-12

-161 Special Education EC-12

-182 Visually Impaired

-283 Braille

-154 English as a Second Language Supplemental

-163 Special Education Supplemental

-160 Pedagogy and Professional Responsibilities EC-12

-270 Pedagogy and Professional Responsibilities for Trade and Industrial Education 6-12

-153 Educational Diagnostician

-068 Principal

The average passing standard is expressed as an average raw cut score of all active forms of a test or the minimum proficiency level. It is critical to note that the actual raw cut scores may vary slightly from form to form to account for differences in test item difficulty across forms and to ensure equitability.

FISCAL IMPACT: Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Franklin has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be providing clarity to educators and others regarding the required passing standards for Texas certification examinations. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins May 17, 2019, and ends June 17, 2019. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 17, 2019. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code, §21.048(a), which requires the commissioner to determine the level of performance considered to be satisfactory on educator certification examinations and further authorizes the commissioner to require a satisfactory level of performance on each core subject covered by an examination.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §21.048(a).

§151.1001.Passing Standards.

(a) As required by the Texas Education Code, §21.048(a), the commissioner of education shall determine the satisfactory level of performance for each educator certification examination and require a satisfactory level of performance on each core subject covered by an examination. The figures in this section identify the passing standards established by the commissioner for educator certification examinations.

(b) The figures in this subsection identify the passing standards established by the commissioner for classroom teacher examinations.

(1) The figure in this paragraph identifies the passing standards for early childhood through Grade 6 examinations.

Figure: 19 TAC §151.1001(b)(1) (.pdf)

[Figure: 19 TAC §151.1001(b)(1)]

(2) The figure in this paragraph identifies the passing standards for Grades 4-8 examinations.

Figure: 19 TAC §151.1001(b)(2) (.pdf)

[Figure: 19 TAC §151.1001(b)(2)]

(3) The figure in this paragraph identifies the passing standards for secondary mathematics and science examinations.

Figure: 19 TAC §151.1001(b)(3) (.pdf)

[Figure: 19 TAC §151.1001(b)(3)]

(4) The figure in this paragraph identifies the passing standards for secondary English language arts and social studies examinations.

Figure: 19 TAC §151.1001(b)(4) (.pdf)

[Figure: 19 TAC §151.1001(b)(4)]

(5) The figure in this paragraph identifies the passing standards for speech and journalism examinations.

Figure: 19 TAC §151.1001(b)(5) (.pdf)

[Figure: 19 TAC §151.1001(b)(5)]

(6) The figure in this paragraph identifies the passing standards for fine arts examinations.

Figure: 19 TAC §151.1001(b)(6) (.pdf)

[Figure: 19 TAC §151.1001(b)(6)]

(7) The figure in this paragraph identifies the passing standards for health and physical education examinations.

Figure: 19 TAC §151.1001(b)(7) (.pdf)

[Figure: 19 TAC §151.1001(b)(7)]

(8) The figure in this paragraph identifies the passing standards for computer science and technology applications examinations.

Figure: 19 TAC §151.1001(b)(8) (.pdf)

[Figure: 19 TAC §151.1001(b)(8)]

(9) The figure in this paragraph identifies the passing standards for career and technical education examinations.

Figure: 19 TAC §151.1001(b)(9) (.pdf)

[Figure: 19 TAC §151.1001(b)(9)]

(10) The figure in this paragraph identifies the passing standards for bilingual examinations.

Figure: 19 TAC §151.1001(b)(10) (No change.)

(11) The figure in this paragraph identifies the passing standards for languages other than English (LOTE) examinations.

Figure: 19 TAC §151.1001(b)(11) (.pdf)

[Figure: 19 TAC §151.1001(b)(11)]

(12) The figure in this paragraph identifies the passing standards for special education examinations.

Figure: 19 TAC §151.1001(b)(12) (.pdf)

[Figure: 19 TAC §151.1001(b)(12)]

(13) The figure in this paragraph identifies the passing standards for supplemental examinations.

Figure: 19 TAC §151.1001(b)(13) (.pdf)

[Figure: 19 TAC §151.1001(b)(13)]

(14) The figure in this paragraph identifies the passing standards for pedagogy and professional responsibilities examinations.

Figure: 19 TAC §151.1001(b)(14) (.pdf)

[Figure: 19 TAC §151.1001(b)(14)]

(c) The figure in this subsection identifies the passing standards established by the commissioner for student services examinations.

Figure: 19 TAC §151.1001(c) (.pdf)

[Figure: 19 TAC §151.1001(c)]

(d) The figure in this subsection identifies the passing standards established by the commissioner for administrator examinations.

Figure: 19 TAC §151.1001(d) (.pdf)

[Figure: 19 TAC §151.1001(d)]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 6, 2019.

TRD-201901318

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 16, 2019

For further information, please call: (512) 475-1497