PART 2. TEXAS EDUCATION AGENCY
CHAPTER 100. CHARTERS
SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS
DIVISION 1. GENERAL PROVISIONS
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §100.1010 is not included in the print version of the Texas Register. The figure is available in the on-line version of the May 5, 2023, issue of the Texas Register.)
The Texas Education Agency (TEA) proposes an amendment to §100.1010, concerning the charter school performance frameworks. The proposed amendment would adopt in rule the 2022 Charter School Performance Framework (CSPF) Manual, which would be updated to comply with statutory provisions and the accountability framework currently used to rate the performance of open-enrollment charter schools in Texas.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 100.1010 defines the standards by which the commissioner of education will measure the performance of open-enrollment charter schools.
The proposed amendment would replace the 2021 CSPF Manual with the 2022 CSPF Manual. The 2022 version of the manual would reflect the current accountability system and ratings.
Throughout the manual, language would be revised with clarifying edits such as updated dates and references to accountability indicators. Indicators that were not rated in 2021 would reflect the most current rating methodology. To provide clarity for schools that were not rated under the accountability system, a designation of "N/A" would be used for the Academic Standard and the Alternative Education Accountability Academic Standard.
FISCAL IMPACT: Kelvey Oeser, deputy associate commissioner for educator support, 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 expand an existing regulation in order to provide clarity for schools that were not rated under the accountability system. A designation of "N/A" would be used for the Academic Standard and the Alternative Education Accountability Academic Standard.
The proposed rulemaking 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 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: Ms. Oeser 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 to provide open-enrollment charter schools with clarification on the year of the report and manual being issued. 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: 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 5, 2023, and ends June 5, 2023. 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 5, 2023. 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/.
STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code, §12.1181, which requires the commissioner to develop and adopt performance frameworks to measure the performance of an open-enrollment charter school.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §12.1181.
§100.1010.Performance Frameworks.
(a) The performance of an open-enrollment charter school will be measured annually against a set of criteria set forth in the Charter School Performance Framework (CSPF) Manual established under Texas Education Code (TEC), §12.1181. The CSPF Manual will include measures for charters registered under the standard accountability system and measures for charters registered under the alternative education accountability system as adopted under §97.1001 of this title (relating to Accountability Rating System).
(b) The performance of an adult high school diploma and industry certification charter school will be measured annually in the CSPF against a set of criteria established under TEC, §29.259.
(c) The assignment of performance levels for charter
schools on the 2022 [2021] CSPF report is based
on specific criteria, which are described in the 2022 [2021] Charter School
Performance Framework Manual provided in this subsection.
Figure: 19 TAC §100.1010(c) (.pdf)
[Figure: 19 TAC §100.1010(c)]
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 April 24, 2023.
TRD-202301471
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: June 4, 2023
For further information, please call: (512) 475-1497