TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 102. EDUCATIONAL PROGRAMS

SUBCHAPTER II. COMMISSIONER'S RULES CONCERNING TEXAS HIGH PERFORMANCE SCHOOLS CONSORTIUM

19 TAC §102.1201

The Texas Education Agency adopts an amendment to §102.1201, concerning the Texas High Performance Schools Consortium. The amendment is adopted without changes to the proposed text as published in the February 10, 2017 issue of the Texas Register (42 TexReg 541) and will not be republished. The adopted amendment reflects changes in law made by House Bill (HB) 18, 84th Texas Legislature, 2015.

REASONED JUSTIFICATION. Senate Bill 1557, 82nd Texas Legislature, 2011, created the Texas High Performance Schools Consortium to inform the governor, legislature, and commissioner of education concerning methods for transforming Texas public schools through the development of innovative, next-generation learning standards, assessment, and accountability systems.

The 84th Texas Legislature, 2015, passed HB 18, adding standards and systems relating to career and college readiness as a topic the consortium is required to report. Additionally, HB 18 added the State Board of Education (SBOE) as a recipient of the report and required the school districts and open-enrollment charter schools participating in the consortium to have sole responsibility for report submission. HB 18 also clarified language relating to the accountability requirements for an open-enrollment charter school to be eligible for the consortium. Finally, HB 18 increased the number of consortium districts and charter schools the commissioner is permitted to select for participation in the consortium from 20 to 30 and the total number of students enrolled in public schools that can be from consortium participants from 5% to 10%.

The adopted amendment to 19 TAC §102.1201 makes the following changes to align with statute. The adopted amendment adds standards and systems relating to career and college readiness as a topic the consortium is required to report and adds the SBOE as a recipient of the report. The adopted amendment specifies that to be eligible to participate in the consortium, an open-enrollment charter school must receive a distinction designation rather than an exemplary accountability rating. The adopted amendment increases the number of districts and charter schools that may participate in the consortium from 20 to 30 and increases the total number of students enrolled in public schools that can be from consortium participants from 5% to 10%. Finally, the adopted amendment adds the requirement that the consortium submit reports not later than December 1 of each even-numbered year to the governor, legislature, SBOE, and commissioner.

In addition, the following changes are made to remove outdated information and clarify provisions related to continued participation in the consortium. The adopted amendment removes a reference to the 2013-2014 school year and changes a reference from the 2009-2010 school year to the most recent available information. The adopted amendment clarifies that a school district that has been selected to participate in the consortium is not required to reapply for participation and that a district may discontinue participation by indicating the desire to discontinue in writing to the commissioner. The adopted amendment specifies that the commissioner may replace a consortium participant at the commissioner's discretion. Finally, the adopted amendment changes the title of a subsection for clarity and makes technical edits for consistency.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began February 10, 2017, and ended March 13, 2017. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code, §7.0561, which requires the commissioner of education to create the Texas High Performance Schools Consortium for the purpose of informing the governor, legislature, State Board of Education, and commissioner of education about ways to transform public schools to improve student learning through the development of innovative, next-generation learning standards and assessment and accountability systems, including standards and systems relating to career and college readiness.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §7.0561.

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 April 13, 2017.

TRD-201701575

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 3, 2017

Proposal publication date: February 10, 2017

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