TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER CC. FINANCIAL LITERACY ADVISORY COMMITTEE

19 TAC §§1.9521 - 1.9527

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 1, Subchapter CC, §§1.9521 - 1.9527, concerning Financial Literacy Advisory Committee, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3730). The rules will not be republished.

No comments were received.

The repeal is adopted under the Texas Education Code, §61.026, which provides the Coordinating Board the authority to adopt rules, in compliance with Chapter 2110, Government Code, regarding an advisory committee including rules governing an advisory committee's purpose, tasks, reporting requirements, and abolishment date.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904268

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §22.1

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter A, §22.1, concerning Definitions. The amendments are adopted with changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3732) and will be republished.

Amendments to §22.1 move definitions from subchapters for specified student financial aid programs in this chapter to Subchapter A. By moving these definitions to Subchapter A, General Provisions, the definitions appearing in the Texas Administrative Code for separate programs are centralized within the chapter. The amendment to §22.1(18) clarifies that "Half-Time" enrollment is the equivalent of at least six but fewer than nine semester credit hours per regular semester, and the amendment to §22.1(24) clarifies that "Three-Quarter-Time," is the equivalent of at least nine but not fewer than 12 semester credit hours per semester. The amendments take into consideration summer awards.

The following comments were received within the public comment period.

COMMENT: Texas State University commented in opposition to the addition of a definition of an academic year in §22.1(1) in conjunction with the GPA calculation.

STAFF RESPONSE: Staff agree with the comment. The addition of the definition of an academic year adds unnecessary complication to the General Provisions, and the definition is removed from the final rule.

The amendments are adopted under the Texas Government Code, §2001.004, which authorizes the Coordinating Board to adopt rules stating the nature and requirements of administrative practices and procedures.

§22.1.Definitions.

The following words and terms, when used in Chapter 22, shall have the following meanings, unless otherwise defined in a particular subchapter:

(1) Attempted Semester Credit Hours -- Every course in every semester for which a student has been registered as of the official Census Date, including but not limited to, repeated courses and courses the student drops and from which the student withdraws. For transfer students, transfer hours and hours for optional internship and cooperative education courses are included if they are accepted by the receiving institution towards the student's current program of study.

(2) Awarded--Offered to a student.

(3) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(4) Board Staff--The staff of the Texas Higher Education Coordinating Board.

(5) Categorical Aid--Gift aid that the institution does not award to the student, but that the student brings to the school from a non-governmental third party.

(6) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(7) Cost of Attendance/Total Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, and personal expenses, and other allowable costs for financial aid purposes).

(8) Degree or certificate program of four years or less--A baccalaureate degree or certificate program other than a program determined by the Board to require four years or less to complete.

(9) Degree or certificate program of more than four years--A baccalaureate degree or certificate program determined by the Board to require more than four years to complete.

(10) Encumber--Program funds that have been officially requested by an institution through procedures developed by the Coordinating Board.

(11) Entering undergraduate--A student enrolled in the first 30 semester credit hours or their equivalent, excluding hours taken during dual enrollment in high school and courses for which the student received credit through examination.

(12) Expected Family Contribution (EFC)--A measure of how much the student and his or her family can be expected to contribute to the cost of the student's education for the year as determined following the federal methodology.

(13) Financial Need--The Cost of Attendance at a particular public or private institution of higher education less the Expected Family Contribution. The Cost of Attendance and Expected Family Contribution are to be determined in accordance with Board guidelines.

(14) Full-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of twelve or more semester credit hours per semester. For graduate students, enrollment or expected enrollment for the normal full-time course load of the student's program of study as defined by the institution.

(15) Gift Aid--Grants, scholarships, exemptions, waivers, and other financial aid provided to a student without a requirement to repay the funding or earn the funding through work.

(16) Graduate student--A student who has been awarded a baccalaureate degree and is enrolled in coursework leading to a graduate or professional degree

(17) Half-Time--For undergraduates, enrollment or expected enrollment for the equivalent of at least six but fewer than nine semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 50 percent of the normal full-time course load of the student's program of study as defined by the institution.

(18) Period of enrollment--The semester or semesters within the current state fiscal year (September 1-August 31) for which the student was enrolled in an approved institution and met all eligibility requirements for an award through this program.

(19) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the determination of student eligibility, selection of recipients, maintenance of all records, and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the institution's chief executive officer, the director of student financial aid shall serve as Program Officer.

(20) Residency Core Questions--A set of questions developed by the Coordinating Board to be used to determine a student's eligibility for classification as a resident of Texas, available for downloading from the Coordinating Board's website, and incorporated into the ApplyTexas application for admission.

(21) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(22) Semester -- A payment period, as defined by 34 CFR 668.4(a) or 34 CFR 668.4(b)(1)

(23) Three-Quarter-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of at least nine but fewer than 12 semester credit hours per semester. For graduate students, enrollment or expected enrollment for the equivalent of 75 percent of the normal full-time course load of the student's program of study as defined by the institution.

(24) Timely Distribution of Funds--Activities completed by institutions of higher education related to the receipt and distribution of state financial aid funding from the Board and subsequent distribution to recipients or return to the Board.

(25) Undergraduate student--An individual who has not yet received a baccalaureate degree.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904269

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


19 TAC §§22.9 - 22.11

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§22.9 - 22.11 in Chapter 22, Subchapter A, concerning General Provisions. Section 22.10 is adopted with changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3734) and will be republished.

The following comments were received within the public comment period.

COMMENT: Texas State University and Texas Tech University commented in opposition to the prescriptive timing of GPA calculations required by §22.10(b).

STAFF RESPONSE: Staff agree with the comment. §22.10(b) adds unnecessary complication to the Satisfactory Academic Progress calculations and has been removed from the final rule.

COMMENT: Texas Tech University commented that all attempted hours should be included in §22.10.

STAFF RESPONSE: Staff disagree with the comment. §22.10 includes provisions for all grades earned. All hours attempted would include those attempted but not completed (e.g. withdrawals), which are not part of standard GPA calculations. No change to the rule has been made based on this comment.

The new rules are adopted under the Texas Government Code, §2001.004, which authorizes the Coordinating Board to adopt rules stating the nature and requirements of administrative practices and procedures.

§22.10.Grade Point Average Calculations for Satisfactory Academic Progress.

(a) Grade point average calculations shall be made in accordance with institutional policies.

(b) A grant recipient whose GPA is below program grade point average requirements as of the end of an academic year may appeal his/her grade point average calculation if he/she has taken courses previously at one or more institutions. In the case of such an appeal, the current institution (if presented with transcripts from the previous institutions), shall calculate an overall grade point average counting all classes and grade points previously earned. If the resulting grade point average exceeds the program's academic progress requirement, an otherwise eligible student may receive an award in the following academic year.

(c) If a grant recipient's grade point average falls below program requirements and the student transfers to another institution, or has transferred from another institution, the receiving institution cannot make a subsequent award to the transfer student until the student provides official transcripts of previous coursework to the current institution's financial aid office and the institution re-calculates an overall grade-point average, including hours and grade points for courses taken at the previous and current institutions, that proves the student's overall grade point average now meets or exceeds program requirements.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904379

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §§22.21 - 22.28

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter B, §§22.21 - 22.28, concerning Provisions for the Tuition Equalization Grant Program. The amendments are adopted without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3736) and will not be republished.

No comments were received on the proposed amendments.

The amendments are adopted under the Texas Education Code, §61.229, which provides the Coordinating Board with the authority to adopt rules for the administration of the Tuition Equalization Grant Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904271

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


19 TAC §§22.30 - 22.32

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter B, §§22.30 - 22.32, concerning the Provisions for the Tuition Equalization Grant (TEG) Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3742).

No comments were received.

The repeal is adopted under the Texas Education Code, §61.229, which provides the Coordinating Board with the authority to adopt rules for the administration of the Tuition Equalization Grant Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904270

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM

19 TAC §§22.42, 22.44 - 22.46, 22.51 - 22.53, 22.55

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter C, §§22.42, 22.44 - 22.46, 22.51 - 22.53, and 22.55, concerning the Hinson-Hazlewood College Student Loan Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3742). These rules will not be republished.

No comments were received.

The amendments are adopted under the Texas Education Code, §52.54, which authorizes the Coordinating Board to adopt rules for the administration of the Hinson-Hazlewood College Student Loan Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904275

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


19 TAC §22.43

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter C, §22.43, concerning the Hinson-Hazlewood College Student Loan Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3745).

No comments were received.

The repeal is adopted under the Texas Education Code, §52.54, which authorizes the Coordinating Board to adopt rules for the administration of the Hinson-Hazlewood College Student Loan Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904272

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER E. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM: ALL LOANS MADE BEFORE FALL SEMESTER, 1971, NOT SUBJECT TO THE FEDERALLY INSURED STUDENT LOAN PROGRAM

19 TAC §22.84

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to Chapter 22, Subchapter E, §22.84, concerning the Hinson-Hazlewood College Student Loan Program: All Loans Made Before Fall Semester, 1971, not Subject to the Federally Insured Student Loan Program. The rule is adopted without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3745) and will not be republished.

No comments were received.

The amendment is adopted under the Texas Education Code, §52.54, which provides the Coordinating Board with the authority to adopt rules to implement the Hinson-Hazlewood College Student Loan Program: All Loans Made Before Fall Semester, 1971, Not Subject to the Federally Insured Student Loan Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904277

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


19 TAC §§22.86 - 22.91, 22.94, 22.97 - 22.102

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter E, §§22.86 - 22.91, 22.94, and 22.97 - 22.102, concerning the Hinson-Hazlewood College Student Loan Program: All Loans Made Before Fall Semester, 1971, not Subject to the Federally Insured Student Loan Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3746). The rules will not be republished.

No comments were received.

The repeal is adopted under the Texas Education Code, §52.54, which provides the Coordinating Board with the authority to adopt rules to implement the Hinson-Hazlewood College Student Loan Program: All Loans Made Before Fall Semester, 1971, Not Subject to the Federally Insured Student Loan Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904276

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER K. PROVISIONS FOR SCHOLARSHIPS FOR STUDENTS GRADUATING IN THE TOP 10 PERCENT OF THEIR HIGH SCHOOL CLASS

19 TAC §§22.196 - 22.203

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter K, §§22.196 - 22.203, concerning Provision for Scholarships for Students Graduating in the Top 10 Percent of Their High School Class, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3747). The rules will not be republished.

No comments were received.

The repeal is adopted under the Texas Education Code, §56.493, which provides the Coordinating Board with the authority to adopt rules to administer the Top Ten Percent Scholarship Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904278

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS

SUBCHAPTER C. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §§23.65, 23.70, 23.71

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 23, Subchapter C, §§23.65, 23.70, and 23.71, concerning the Physician Education Loan Repayment Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3747). The rules will not be republished.

No comments were received.

The amendments are adopted under the Texas Education Code, §61.537, which authorizes the Coordinating Board to adopt rules consistent with Texas Education Code, Chapter 61, Subchapter J.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904279

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER E. DENTAL EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §§23.124 - 23.130

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 23, Subchapter E, §§23.124 - 23.130, concerning the Dental Education Loan Repayment Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3749). The rules will not be republished.

The following comment was received after the public comment period:

COMMENT: The Texas Dental Association (TDA) commented in opposition to repealing the rules, citing their active efforts to pursue funding for this program.

STAFF RESPONSE: The repeal of Texas Administrative Code (TAC) Chapter 23, Subchapter E, does not repeal the Dental Education Loan Repayment Program in state statutes. It continues to exist in Texas Education Code Chapter 61, Subchapter V. TAC Chapter 23, Subchapter E is being repealed to provide greater clarity by removing administrative code for a program that is not currently administered. Should the Dental Education Loan Repayment Program be funded in a future legislative session, appropriate administrative code will be reissued. No changes were made to the repeal based on this comment.

The repeal is adopted under the Texas Education Code (TEC), Subchapter V, §61.908, which provides the Coordinating Board the authority to adopt rules necessary for the administration of this subchapter.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904280

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER F. BORDER COUNTY DOCTORAL FACULTY EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §§23.155 - 23.161

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 23, Subchapter F, §§23.155 - 23.161, concerning the Border County Doctoral Faculty Education Loan Repayment Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3750). The rules will not be republished.

No comments were received.

The repeal is adopted under the Texas Education Code (TEC), Subchapter M, §61.708, which provides the Coordinating Board the authority to adopt rules necessary for the administration of this subchapter.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904282

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER H. PEACE OFFICER LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §§23.209 - 23.216

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the addition of Chapter 23, Subchapter H, §§23.209-23.216, concerning the Peace Officer Loan Repayment Assistance Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3751), which was created by Senate Bill 16 and signed by the Governor following the 86th Texas Legislature Session. The rules will not be republished. Funding for the program is authorized for the 2020-2021 biennium by Contingency Rider 18.60 of the General Appropriations Act.

No comments were received.

The new rules are adopted under the Texas Education Code, §61.9959, which authorizes the Coordinating Board to adopt rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904286

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


SUBCHAPTER J. MATH AND SCIENCE SCHOLARS LOAN REPAYMENT PROGRAM

19 TAC §§23.288, 23.290, 23.294

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 23, Subchapter J, §§23.288, 23.290, and 23.294 concerning the Math and Science Scholars Loan Repayment Program, without changes to the proposed text as published in the July 26, 2019, issue of the Texas Register (44 TexReg 3752) and will not be republished.

No comments were received.

The amendments are adopted under the Texas Education Code, §61.9840, which authorized the Coordinating Board to adopt rules necessary for the administration of the Math and Science Scholars Loan Repayment Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 15, 2019.

TRD-201904288

William Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: December 5, 2019

Proposal publication date: July 26, 2019

For further information, please call: (512) 427-6365


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 97. PLANNING AND ACCOUNTABILITY

SUBCHAPTER AA. ACCOUNTABILITY AND PERFORMANCE MONITORING

19 TAC §97.1005

(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 §97.1005 is not included in the print version of the Texas Register. The figure is available in the on-line version of the November 29, 2019, issue of the Texas Register.)

The Texas Education Agency (TEA) adopts an amendment to §97.1005, concerning the performance-based monitoring analysis system. The amendment is adopted with changes to the proposed text as published in the August 16, 2019 issue of the Texas Register (44 TexReg 4283) and will be republished. The amendment adopts into rule the 2019 Results Driven Accountability (RDA) Manual, which replaces the 2018 Performance-Based Monitoring Analysis System (PBMAS) Manual; provides clarifications to existing statutory provisions; and reflects the recodification of Texas Education Code (TEC), Chapter 39A. The adopted amendment to 19 TAC §97.1005 also changes the section title to Results Driven Accountability.

REASONED JUSTIFICATION: To meet the requirements of House Bill (HB) 3459, 78th Texas Legislature, 2003, limiting and redirecting monitoring, the TEA developed the PBMAS and adopted specific criteria and calculations for monitoring performance and program effectiveness in annual PBMAS manuals. Each year since 2005, the annual PBMAS Manual was adopted in rule and used in conjunction with other evaluation systems to monitor performance and program effectiveness of special programs in school districts and charter schools.

The adopted amendment to 19 TAC §97.1005 removes from rule the 2018 PBMAS Manual and adopts into rule the new 2019 RDA Manual as Figure: 19 TAC §97.1005(b). The PBMAS Manual has been renamed the RDA Manual in order to align with the Office of Special Education Programs (OSEP) framework. The 2019 RDA Manual includes several key changes from the PBMAS Manual used for the 2018 system. Many of these changes are marked in the manual as "New!" for easy reference. Detailed information about specific indicators is included in Section III of the adopted new RDA Manual.

General differences in the adopted new RDA Manual include changing reference from PBMAS to RDA and updating the current year from 2018 to 2019 throughout the manual. Following is a description of substantive changes made in each section of the manual.

Section I: Introduction

The Introduction section summarizes the substantive changes from the 2018 Introduction.

Guiding Principles of the PBMAS have been updated to align with the federal principles of RDA.

The section also describes the transition to RDA in 2019 from the 2018 PBMAS, as follows.

Bilingual Education and English as a Second Language (BE/ESL)

For 2019, the following language was added to the BE/ESL Indicators #1 (i-v), #2 (i-v), and #5 (i-v): English learners (ELs) in their first year in U.S. schools are excluded from these indicators unless they were administered STAAR Alternate 2. This exclusion allows local education agencies (LEAs) at least one full year of instruction before the indicator will apply. BE/ESL Indicator 3 (i-v) is report only. As a report-only indicator, it can be used for LEA information and planning purposes only. BE/ESL Indicator #4 (i-v) now includes ELs classified in Texas Student Data System (TSDS) Public Education Information Management System (PEIMS) in their first, second, third, and fourth year of monitoring as allowed by Every Student Succeeds Act (ESSA) (M1-M4 students). BE/ESL Indicator #8 and BE/ESL Indicator #9 are no longer report only.

Career and Technical Education (CTE)

For the 2019 RDA Manual, CTE Indicator #7 (CTE Nontraditional Course Completion Rate - Males) and CTE Indicator #8 (Nontraditional Course Completion Rate - Females) have been removed because LEAs cannot control the gender of students taking elective courses. The following language was added to CTE Indicator #2 (i-iv): English learners (ELs) in their first year in U.S. schools are excluded from these indicators, unless they were administered STAAR Alternate 2.

An administrative, nonsubstantive change was made in the CTE summary description at adoption for clarification to include the words "and is report only."

Every Student Succeeds Act (ESSA)

For the 2019 RDA Manual, ESSA Indicators #9-#20 have been added to collect data for students identified as Foster Care, Homeless, and Military. The new indicators are report only for those populations of students on the STAAR® 3-8, STAAR® EOC, Annual Dropout, and Graduation performance. Therefore, no performance level will be assigned for ESSA Indicators #9-#20.

An administrative, nonsubstantive change was made in the ESSA summary description at adoption for consistency to include the sentence, "The following language was added to ESSA Indicator #1, 'English learners (ELs) in their first year in U.S. schools are excluded from these indicators, unless they were administered STAAR Alternate 2' and is report only."

Special Education (SPED)

In 2019, SPED Indicator #4: SPED STAAR Alternate 2 Participation Rate will be a report-only indicator. No performance level will be assigned to the indicator. Performance levels for Significant Disproportionality (SD) SPED Indicators #9-#16 will be assigned using SD (Year 1), SD (Year 2), SD (Year 3), or SD (RP) for any racial/ethnic group if the racial/ethnic group's risk ratio exceeds 2.5. As required by federal regulations under 34 CFR Part 300, each LEA's indicator for SD will be disaggregated data by the following racial and ethnic groups: (1) Hispanic/Latino; (2) American Indian or Alaska Native; (3) Asian; (4) Black or African American; (5) Native Hawaiian or Other Pacific Islander; (6) White; and (7) Two or More Races. Reasonable Progress will also be applied to determine SD. Each racial/ethnic group is also disaggregated by the following disability categories for SPED Indicator #11: SPED Representation (age 3-21): (1) Intellectual Disabilities; (2) Specific Learning Disabilities; (3) Emotional Disturbance; (4) Speech/Language Impairments; (5) Other Health Impairments; and (6) Autism.

In response to public comment, a change was made at adoption to correct the SPED Indicators numbers described in the SPED summary in Section I: Introduction due to the duplication of SPED Indicator #4: SPED STAAR Alternate 2 Participation Rate in the proposed manual. The sentence describing the SPED Indicators has been corrected and the indicator numbers adjusted accordingly to reference the SPED indicators actually updated in the adopted manual. The agency had removed a redundant indicator in the proposed RDA manual but had not updated the reference to the indicators in the summary of changes, which was incorrectly shown as #10-#17. The agency has updated the reference to indicators at adoption so that it is now consistent with the applicable SPED Indicators, which are #9-#16.

Additionally, the following administrative, nonsubstantive changes were made in Section I: Introduction at adoption in the description of Transitioning to RDA in 2019.

The BE/ESL, CTE, ESSA, and SPED program summaries were revised to correct clerical errors and for clarity.

Language that stated, "The availability of an additional year's data enables the Special Analysis component to be reinstated for all English language arts (ELA) State of Texas Assessments of Academic Readiness (STAAR)®2 end-of-course (EOC) indicators," was removed because that was language used in 2018 that does not apply to 2019.

Section II: Components of the 2019 RDA

The Components of the 2019 RDA section notes substantive changes from the "components for the 2018 PBMAS," as follows.

Changes related to the data sources, accountability subsets, rounding, masking, performance levels (PLs), changes to cut points, minimum size requirement (MSR), and special analysis (SA) were made to remove reference to PBMAS. In addition, the term "district" was changed to "LEA" and dates were updated.

The RDA PL Assignment and SA Determination Process flowchart reflects formatting changes. There are no substantive changes to the flowchart. In response to public comment, changes were made at adoption to correct the title of the page for the PL Assignment and SA Process for Group Size of 15-29 flow chart and a technical correction was also made to the flow chart to add the yes/no pathway between options.

Changes to Required Improvements (RI), RI calculations, and the "Example of RI Using Indicator #8: Migrant Graduation" are also related to the image and formatting. The example is the same as in 2018. An administrative, nonsubstantive change was made at adoption to correct the example of the RI calculation for the migrant graduation rate to add the fractional line between the numerator and denominator.

Reasonable Progress (RP), RP Calculations, and the Proportionate Improvement Calculation have been added to comply with 34 CFR §300.647(d)(2).

The Monitoring Interventions section has been updated to show TEA organizational change from the Office of Academics to the Division of Review and Support. The section was also updated to direct LEAs to join the "To the Administrator Addressed" (TAA) correspondence listserv and to provide a link for LEAs to register for monitoring support.

Section III: Performance Indicators

Bilingual Education/English as a Second Language (BE/ESL)

Indicators #1, #2, and #5 have changed to report only because the inclusion of English learners in the first year in a U.S. school may have an impact on the data reporting for LEAs. Therefore, the indicator will collect the data this year without assigning a performance level to any LEAs.

Indicator #3 is a report-only indicator because the student population is not receiving services for bilingual education or English as a Second Language due to parent denials.

Indicator #4 shows the change in language from limited English proficient to English learner and reflects updates to the criteria for the calculation for students in Texas Student Data System (TSDS) Public Education Information Management System (PEIMS). The data will not include special analysis and the years of analysis changes to one. However, there is no anticipated impact to LEAs, so the performance level assignments are the same.

No substantive changes are made to BE/ESL Indicator #6 or #7. Only updates to language and dates are noted in the changes.

Indicators #8 and #9 were new last year and will continue as a report-only indicator this year to increase the validity and reliability of the data before assigning a performance level to LEAs.

Career and Technical Education (CTE)

There are no new substantive changes to CTE Indicator #1, #3, #4, #5, or #6.

Indicator #2 has changed to report only because the inclusion of English learners in the first year in a U.S. school may have an impact on the data reporting for LEAs. Therefore, the indicator will collect the data this year without assigning a performance level to any LEAs.

Indicators #7 and #8 have been deleted from this data collection because it is duplicative of data that is already collected to comply with the federal requirements for Perkins IV and Perkins V.

Every Student Succeeds Act (ESSA)

Indicator #1 will change to report only because the inclusion of English learners in the first year in a U.S. school may have an impact on the data reporting for LEAs. Therefore, the indicator will collect the data this year without assigning a performance level to any LEAs.

No substantive changes are made for ESSA Indicators #2-#7.

Indicator #8 now has performance levels assigned based on data collections that have been proven valid and reliable based on previous years of data collection.

Indicators #9-#20 have been added to comply with program requirements for special populations that include children who are experiencing homelessness (authorized by Title VII-B of the McKinney-Vento Homeless Assistance Act), children who are in foster care (as authorized by ESEA Section 1111(g)(1)(E) and Section 1112(c)(5)(B)), and military-connected students (TEC, §25.006(c)(1) and (2) and (d)(1) and(3)). Indicators to measure state assessment performance (Grades 3-8 and end-of-course), dropout, and graduation have been added for each vulnerable population of students: ESSA Indicator #9: Foster Care STAAR® 3-8 Passing Rate; ESSA Indicator #10: Foster Care STAAR® EOC Passing Rate; ESSA Indicator #11: Foster Care Annual Dropout Rate (Grades 7-12); ESSA Indicator #12: Foster Care Graduation Rate; ESSA Indicator #13: Homeless STAAR® 3-8 Passing Rate; ESSA Indicator #14: Homeless STAAR® EOC Passing Rate; ESSA Indicator #15: Homeless Annual Dropout Rate; ESSA Indicator #16: Homeless Graduation Rate; ESSA Indicator #17: Military STAAR® 3-8 Passing Rate; ESSA Indicator #18: Military STAAR® EOC Passing Rate; ESSA Indicator #19: Military Annual Dropout Rate; ESSA Indicator #20: Military Graduation Rate.

Special Education (SPED)

Indicator #4 has changed both the calculation and assignment of a performance level to the indicator. The calculation changed the denominator from students served in special education to all students in Grades 3-9 to collect the federally required data for reporting the overall participation of students with disabilities in alternate testing. The assignment of performance levels in 2018 have also been removed and the TEA does not intend to assign performance levels related to this indicator.

Indicator #8 added a new instructional setting to the calculation. As proposed, this indicator would have been a report-only indicator; however, in response to public comment, SPED Indicator #8 was modified at adoption. Performance levels will be assigned to this indicator.

Indicator #10 will change to report only due to the addition of an instructional setting code in the calculation that may impact LEA determinations. Therefore, the performance level will remain a report-only indicator for this year, but 34 CFR Part 300 requires that Significant Disproportionality will still apply for this year.

Indicators #9-#16 have all been updated to show that reasonable progress will apply and that a rating of Significant Disproportionality for a third year may apply (Year 3) or SD (RP).

In response to public comment, SPED Indicator #11 was modified at adoption to correct a clerical error, removing duplicative wording in the denominator of the calculation. Additionally, an administrative, nonsubstantive change was made to SPED Indicator #11 at adoption to remove language about assigning an overall performance level.

Indicator #16 added performance level assignments based on valid and reliable data collected in the previous PBMAS.

No substantive changes are made for SPED Indicators #1-#3 and #5-#7.

Additionally, administrative, nonsubstantive changes were made at adoption to revise the SPED Indicators chart at the beginning of the SPED information in Section III: Performance Indicators to reflect related statutory citations and to remove State Performance Plan Indicator references for clarity.

Section IV: Appendices

No substantive changes are made to this section. All information has been updated with current contact information.

General

Administrative, nonsubstantive changes were made at adoption to revise the table of contents to reflect only one header for each category for Section III: Performance Indicators and formatting was updated throughout the manual to correct formatting problems due to the redlined changes in the proposal and to ensure that all calculations were shifted back to proper alignment.

The description of the PL Assignment was updated throughout the manual for formatting consistency.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began August 16, 2019, and ended September 16, 2019. Public hearings to solicit testimony and input on the adopted rules were held at 1:00 p.m. on September 4, 2019, and on September 9, 2019, in Room 1-111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Following is a summary of public comments received and corresponding agency responses.

Comment: A school administrator commented that the changes to Bilingual Education and English as a Second Language (BE/ESL) Indicators #1, #2, and #5, which exclude first year students from the calculation, will not impact the data. The administrator argued that excluding students is contradictory to making an indicator report only.

Agency Response: The agency disagrees. These two statements are not contradictory. The agency is making the indicator report only for one year because the data set has changed. The agency excludes the students first year of performance because the student has not had sufficient opportunity to participate in the program.

Comment: An individual from Region 15 Education Service Center identified a clerical mistake in reference to the changes described for the Special Education (SPED) Indicators in Section I: Introduction on page 5 of the proposed manual. The individual stated that the summary of changes referenced an additional indicator for a total of 17, instead of the actual 16 in the manual.

Agency Response: The agency agrees and at adoption has modified Section I: Introduction, which summarizes changes between the PBMAS and RDA manuals, to correct the indicator numbers referenced for SPED to match the SPED Indicators numbers actually updated in the adopted manual. The agency had removed a redundant indicator in the proposed RDA manual but had not updated the reference to the indicators in the summary of changes, which was incorrectly shown as #10-#17. The agency has updated the reference to indicators at adoption so that it is now consistent with the applicable SPED Indicators, which are #9-#16.

Comment: Disability Rights Texas (DRTx) referenced Section II: Components of the 2019 RDA, relating to PL Assignment and SA Process for Group Size of 15-29 on page 15 of the proposed manual, and identified a clerical error in the page title and an error in the flow chart on that page. DRTx also recommended that the agency assign a PL for a small "n" size.

Agency Response: The agency agrees with making the recommended clerical corrections and at adoption has corrected the page title to reference RDA instead of PBMAS and corrected the flow chart to add the yes/no pathway between options. The agency disagrees, however, with the recommendation to assign a PL for a small "n" size. The "n" size is set to protect student identifiable information.

Comment: DRTx referenced Section II: Components of the 2019 RDA, relating to Monitoring Interventions on page 19 of the proposed manual, and requested clarification of the coordination between the Division of Review and Support and the Office of Special Populations and Monitoring to implement cyclical and targeted monitoring.

Agency Response: The agency disagrees that the Monitoring Interventions description needs further clarification in this manual. The agency will address and further clarify monitoring interventions on the Division of Review and Support website. There will be opportunities to engage in more stakeholder meetings and resources that support targeted and cyclical monitoring.

Comment: DRTx commented that for SPED Indicator #7, the benchmark for a performance level of zero should be increased from 30% to 40%.

Agency Response: The agency disagrees that the increase to the benchmark should occur in 2019. However, the agency does agree to look further into the data modeling and consider the recommendation in the future.

Comment: DRTx requested that SPED Indicator #8 be a regular indicator and not a report only indicator. DRTx also recommended that cut points for PL 1, PL 2, and PL 3 be reviewed and reset and suggested specific percentages.

Agency Response: The agency agrees and has changed SPED Indicator #8 at adoption to a regular indicator because the additional PEIMS code that will allow LEAs to include mainstream students in the calculation will increase the likelihood of meeting the requirements for complying with the indicator. The agency disagrees, however, with adjusting the cut points for this year but will consider revisions to the cut points in the future.

Comment: DRTx commented that SPED Indicator #11 has a clerical error where the word students appears twice in the denominator of the calculation.

Agency Response: The agency agrees and at adoption has corrected the clerical error.

Comment: DRTx commented that SPED Indicator #13 should include the disciplinary action code 26 (Terroristic Threat) in the calculation.

Agency Response: The agency disagrees. Code 26 refers to terrorist threats and was not included in the 2018 manual or discussed with stakeholders as part of this rulemaking process. However, the agency will consider the recommendation for future policy reviews.

Comment: DRTx commented that SPED Indicators #14 and #15 should include disciplinary action codes 1-5, 25, and 50-53 in the numerators for both indicators.

Agency Response: The agency disagrees. Action codes 1-5, 25, and 50-53 relate to expulsions or out of school suspensions and are included in SPED Indicator #16.

Comment: Texans for Special Education Reform (TxSER) requested that the minimum size requirement be decreased from 30 to 25.

Agency Response: The agency disagrees. The minimum size requirement is designed to protect from the release of student identifiable information. The agency is willing to discuss the changes to the minimum size requirements in the future.

Comment: TxSER expressed disagreement with the change to Indicator 8 to include instructional code 97 as a mainstream setting. TxSER argued that the rule is inconsistent because code 86 is treated as a separate setting under Indicator 10.

Agency Response: The agency disagrees. Instructional code 97 includes students who are taught in a community setting, specifically students ages 3-5 with disabilities who are taught in a regular classroom. It also includes students who are receiving transitional services that will allow the student to live as independently as possible. Code 86 occurs in a residential facility.

Comment: TxSER requested that the performance level of PL 0 be increased to at least 33% for SPED Indicator #7.

Agency Response: The agency disagrees. The agency will not increase the performance level for SPED Indicator #7 at this time. However, the agency will review the recommendation with stakeholders as future revisions to the indicators are considered for next year's rule proposal.

Comment: TxSER requested that the calculations for SPED Indicators #12-#16 be changed to monitor significant discrepancies as opposed to significant disproportionality.

Agency Response: The agency disagrees. The agency practice is to not assign performance levels for an indicator for significant discrepancies because significant disproportionality is reported to the U.S. Department of Education, and the U.S. Department of Education imposes consequences for significant disproportionality. The agency does report significant discrepancies under its State Performance Plan. The agency has raised this issue previously with stakeholders and will review the recommendation with stakeholders as future revisions to the indicators are considered for next year's rule proposal.

Comment: TxSER requested that the denominator in SPED Indicator #16 be changed to students not receiving special education and related services.

Agency Response: The agency disagrees. The agency practice is to not assign performance levels for an indicator for significant discrepancies because significant disproportionality is reported to the U.S. Department of Education, and the U.S. Department of Education imposes consequences for significant disproportionality. The agency does report significant discrepancies under its State Performance Plan. The agency has raised this issue previously with stakeholders and will review the recommendation with stakeholders as future revisions to the indicators are considered for next year's rule proposal.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §7.021(b)(1), which authorizes the TEA to administer and monitor compliance with education programs required by federal or state law, including federal funding and state funding for those programs; TEC, §7.028, which authorizes the TEA to monitor as necessary to ensure school district and charter school compliance with federal law and regulations, financial integrity, and data integrity. Section 7.028(a) also authorizes the TEA to monitor special education programs for compliance with state and federal laws. Section 7.028 also authorizes the agency to monitor school district and charter schools through its investigative process; TEC, §12.056, which requires that a campus or program for which a charter is granted under the TEC, Chapter 12, Subchapter C, is subject to any prohibition relating to the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with the TEC, Chapter 12, Subchapter C, as determined by the commissioner; high school graduation under the TEC, §28.025; special education programs under the TEC, Chapter 29, Subchapter A; bilingual education under the TEC, Chapter 29, Subchapter B; and public school accountability under the TEC, Chapter 39, Subchapters B, C, D, F, and J, and Chapter 39A; TEC, §12.104, which states that a charter granted under the TEC, Chapter 12, Subchapter D, is subject to a prohibition, restriction, or requirement, as applicable, imposed by the TEC, Title 2, or a rule adopted under the TEC, Title 2, relating to the PEIMS to the extent necessary to monitor compliance with the TEC, Chapter 12, Subchapter D, as determined by the commissioner; high school graduation requirements under the TEC, §28.025; special education programs under the TEC, Chapter 29, Subchapter A; bilingual education under the TEC, Chapter 29, Subchapter B; discipline management practices or behavior management techniques under the TEC, §37.0021; public school accountability under the TEC, Chapter 39, Subchapters B, C, D, F, G, and J, and Chapter 39A; and intensive programs of instruction under the TEC, §28.0213; TEC, §29.001, which authorizes the TEA to effectively monitor all local educational agencies (LEAs) to ensure that rules relating to the delivery of services to children with disabilities are applied in a consistent and uniform manner, to ensure that LEAs are complying with those rules, and to ensure that specific reports filed by LEAs are accurate and complete; TEC, §29.0011(b), which authorizes the TEA to meet the requirements under (1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the: (A) Identification of children as children with disabilities, including the identification of children as children with particular impairments; (B) Placement of children with disabilities in particular educational settings; and (C) Incidence, duration, and type of disciplinary actions taken against children with disabilities including suspensions or expulsions; or (2) 20 U.S.C. Section 1416(a)(3)(C) and its implementing regulations to address in the statewide plan the percentage of schools with disproportionate representation of racial and ethnic groups in special education and related services and in specific disability categories that result from inappropriate identification; TEC, §29.010(a), which authorizes the TEA to adopt and implement a comprehensive system for monitoring LEA compliance with federal and state laws relating to special education, including ongoing analysis of LEA special education data; TEC, §29.062, which authorizes the TEA to evaluate and monitor the effectiveness of LEA programs and apply sanctions concerning students with limited English proficiency; TEC, §29.066, which authorizes PEIMS reporting requirements for school districts that are required to offer bilingual education or special language programs to include the following information in the district's PEIMS report: (1) demographic information, as determined by the commissioner, on students enrolled in district bilingual education or special language programs; (2) the number and percentage of students enrolled in each instructional model of a bilingual education or special language program offered by the district; and (3) the number and percentage of students identified as students of limited English proficiency who do not receive specialized instruction; TEC, §29.182, which authorizes the State Plan for Career and Technology Education to ensure the state complies with requirements for supplemental federal career and technology funding; TEC, §39.051 and §39.052, which authorize the commissioner to determine criteria for accreditation statuses and to determine the accreditation status of each school district and open-enrollment charter school; TEC, §39.053, which authorizes the commissioner to adopt a set of indicators of the quality of learning and achievement and requires the commissioner to periodically review the indicators for consideration of appropriate revisions; TEC, §39.054(b-1), which authorizes the TEA to consider the effectiveness of district programs for special populations, including career and technical education programs, when determining accreditation statuses; TEC, §39.0541, which authorizes the commissioner to adopt indicators and standards under the TEC, Chapter 39, Subchapter C, at any time during a school year before the evaluation of a school district or campus; TEC, §§39.056, 39.057, and 39.058, which authorize the commissioner to adopt procedures relating to monitoring reviews and special accreditation investigations; TEC, §39A.001, which authorizes the commissioner to take any of the actions authorized by the TEC, Chapter 39A, to the extent the commissioner determines necessary if a school does not satisfy the academic performance standards under the TEC, §39.053 or §39.054, or based upon a special accreditation investigation; TEC, §39A.002, which authorizes the commissioner to take certain actions if a school district becomes subject to commissioner action under the TEC, §39A.001; TEC, §39A.004, which authorizes the commissioner to appoint a board of managers to exercise the powers and duties of a school district's board of trustees if the district is subject to commissioner action under the TEC, §39A.001, and has a current accreditation status of accredited-warned or accredited-probation; or fails to satisfy any standard under the TEC, §39.054(e); or fails to satisfy any financial accountability standard; TEC, §39A.005, which authorizes the commissioner to revoke school accreditation if the district is subject to the TEC, §39A.001, and, for two consecutive school years has received an accreditation status of accredited-warned or accredited-probation, failed to satisfy any standard under the TEC, §39.054(e), or has failed to satisfy a financial performance standard; TEC, §39A.007, which authorizes the commissioner to impose a sanction designed to improve high school completion rates if the district has failed to satisfy any standard under the TEC, §39.054(e), due to high school completion rates; TEC, §39A.051, which authorizes the commissioner to take action based on campus performance that is below any standard under the TEC, §39.054(e); and TEC, §39A.063, which authorizes the commissioner to accept substantially similar intervention measures as required by federal accountability measures in compliance with the TEC, Chapter 39A.

Legislation from the 86th Texas Legislature, 2019, did not impact authority for this rulemaking.

CROSS REFERENCE TO STATUTE. Texas Education Code, §§7.021(b)(1), 7.028, 12.056, 12.104, 29.001, 29.0011(b), 29.010(a), 29.062, 29.066, 29.182, 39.051, 39.052, 39.053, 39.054(b-1), 39.0541, 39.056, 39.057, 39.058, 39A.001, 39A.002, 39A.004, 39A.005, 39A.007, 39A.051, and 39A.063.

§97.1005.Results Driven Accountability.

(a) In accordance with Texas Education Code, §7.028(a), the purpose of the Results Driven Accountability (RDA) is to report annually on the performance of school districts and charter schools in selected program areas: bilingual education/English as a Second Language, career and technical education, special education, and certain Title programs under federal law. The performance of a school district or charter school is reported through indicators of student performance and program effectiveness and corresponding performance levels established by the commissioner of education.

(b) The assignment of performance levels for school districts and charter schools in the 2019 RDA report is based on specific criteria and calculations, which are described in the 2019 RDA Manual provided in this subsection.

Figure: 19 TAC §97.1005(b) (.pdf)

(c) The specific criteria and calculations used in the RDA framework will be established annually by the commissioner of education and communicated to all school districts and charter schools.

(d) The specific criteria and calculations used in the annual RDA manual adopted for prior school years will remain in effect for all purposes, including accountability and performance monitoring, data standards, and audits, with respect to those school years.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 13, 2019.

TRD-201904229

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: December 3, 2019

Proposal publication date: August 16, 2019

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