TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL

SUBCHAPTER CC. SUPERINTENDENT APPRAISAL

19 TAC §150.1031

The Texas Education Agency proposes new §150.1031, concerning educator appraisal. The proposed new section would provide, in accordance with the Texas Education Code (TEC), §21.354, a commissioner's recommended appraisal process and criteria for superintendents.

The TEC, §21.354, requires the commissioner to adopt a state-recommended appraisal process and performance criteria for superintendents. The rules in 19 TAC Chapter 150, Subchapter BB, that were adopted effective August 1, 1997, and repealed effective July 1, 2016, included a commissioner's recommended appraisal process for principals and superintendents. With the adoption of the current rules for the new Texas Principal Evaluation and Support System (T-PESS), effective July 1, 2016, rules in Subchapter BB focused entirely on the appraisal process for principals and removed provisions concerning superintendent appraisal.

The proposed new section would re-establish a commissioner's recommended appraisal process for superintendents in accordance with the TEC, §21.354, including certain criteria and processes that were in place prior to the repeal of the former rules in Subchapter BB. The proposed new section would be included as part of a new Subchapter CC.

The proposed new section would have no procedural and reporting implications. The proposed new section would have no locally maintained paperwork requirements.

FISCAL NOTE. Tim Regal, director of instructional leadership, has determined that for the first five-year period the new section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the new section. There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC BENEFIT/COST NOTE. Mr. Regal has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be allowing public school districts to access an appraisal process that can improve district leadership and student performance. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND MICROBUSINESSES. 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.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins April 28, 2017, and ends May 30, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. 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 April 28, 2017.

STATUTORY AUTHORITY. The new section is proposed under the Texas Education Code, §21.354, which requires the commissioner of education to adopt a state-recommended appraisal process for administrators other than principals and details the local role for school districts as it relates to adopting a locally developed appraisal process for administrators other than principals.

CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, §21.354.

§150.1031.General Provisions for Superintendent Appraisal.

(a) All school districts have the following two choices in selecting a method to appraise superintendents:

(1) a superintendent appraisal system recommended by the commissioner of education; or

(2) a local superintendent appraisal system.

(b) In addition to other procedures and criteria determined by the school district board of trustees, the commissioner's recommended appraisal process and criteria for a superintendent shall include, at a minimum:

(1) an annual evaluation of the superintendent; and

(2) a student performance domain.

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 17, 2017.

TRD-201701585

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: May 28, 2017

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