TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER BB. COMMISSIONER'S RULES ON REPORTING REQUIREMENTS

19 TAC §61.1023

The Texas Education Agency adopts the repeal of §61.1023, concerning community and student engagement. The repeal is adopted without changes to the proposed text as published in the September 29, 2017, issue of the Texas Register (42 TexReg 5200) and will not be republished. The adopted repeal is necessary because the statutory authority for the rule was repealed.

REASONED JUSTIFICATION. House Bill (HB) 5, 83rd Texas Legislature, 2013, added the Texas Education Code (TEC), §39.0545, establishing community and student engagement indicators and requiring districts to report to TEA self-assigned district and campus ratings in eight specific categories. The commissioner adopted 19 TAC §61.1023 effective June 26, 2014, to provide instructions for the required reporting.

HB 2804, 84th Texas Legislature, 2015, added the TEC, §39.0546, requiring that community and student engagement ratings be part of the state academic accountability system. The TEA amended 19 TAC §61.1023 effective June 8, 2017, to provide instructions for reporting these ratings.

HB 22, 85th Texas Legislature, Regular Session, 2017, repealed the TEC, §39.0545 and §39.0546. The adopted repeal of 19 TAC §61.1023 is necessary because the statutory authority for the rule has been repealed.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began September 29, 2017, and ended October 30, 2017. No public comments were received.

STATUTORY AUTHORITY. The repeal is adopted under the Texas Education Code (TEC), §39.0545, as repealed by House Bill (HB) 22, 85th Texas Legislature, Regular Session, 2017, which required each school district to annually evaluate its performance and the performance of each of its campuses in the area of community and student engagement using eight specific categories and also required each district to report to the Texas Education Agency (TEA) the rating of Exemplary, Recognized, Acceptable, or Unacceptable that it had assigned to itself and to each of its campuses for overall performance in community and student engagement and for each of the eight categories; and TEC, §39.0546, as repealed by HB 22, 85th Texas Legislature, Regular Session, 2017, which required each school district and campus to annually select three of the eight categories in community and student engagement on which it would rate itself for the purpose of academic accountability ratings. It also required each district and campus to report to TEA the rating of A, B, C, D, or F that it had assigned to itself for overall performance in community and student engagement and for each of the three categories.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code, §39.0545 and §39.0546, as repealed by House Bill 22, 85th Texas Legislature, Regular Session, 2017.

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, 2017.

TRD-201704597

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: December 5, 2017

Proposal publication date: September 29, 2017

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


CHAPTER 62. COMMISSIONER'S RULES CONCERNING THE EQUALIZED WEALTH LEVEL

19 TAC §62.1071

The Texas Education Agency amends §62.1071, concerning the equalized wealth level. The amendment is adopted without changes to the text as published in the August 25, 2017 issue of the Texas Register (42 TexReg 4222) and will not be republished. The manual contains the processes and procedures that the TEA uses in the administration of the provisions of the Texas Education Code (TEC), Chapter 41, and the fiscal, procedural, and administrative requirements that school districts subject to the TEC, Chapter 41, must meet. The amendment adopts as a part of the Texas Administrative Code (TAC) the Manual for Districts Subject to Wealth Equalization 2016-2017 School Year, Revised April 2017.

REASONED JUSTIFICATION. The TEA has adopted the procedures contained in each yearly manual for districts subject to wealth equalization as part of the TAC since 2011. The earlier version of 19 TAC §62.1071, Administration of Wealth Equalization, adopted effective June 11, 1998, and subsequently amended several times, was repealed effective May 9, 2011, and replaced with the wealth equalization manual to remove outdated and obsolete provisions from rule.

The amendment to 19 TAC §62.1071, Manual for Districts Subject to Wealth Equalization, adopts in rule the official TEA publication Manual for Districts Subject to Wealth Equalization 2016-2017 School Year, Revised April 2017 as Figure: 19 TAC §62.1071(a). The manual replaces an earlier version published as proposed in the April 21, 2017 issue of the Texas Register. The earlier version of the manual was withdrawn.

Each school year's manual for districts subject to wealth equalization explains how districts subject to wealth equalization are identified; the fiscal, procedural, and administrative requirements those districts must meet; and the consequences for not meeting requirements. The manual also provides information on using the online Foundation School Program (FSP) System to fulfill certain requirements.

This rule is being adopted under the authority of the TEC, §41.013. Pursuant to the TEC, §41.013(c), Texas Government Code, Chapter 2001, does not apply to a decision of the commissioner under the TEC, Chapter 41. The Secretary of State is required to publish any rules adopted under the TEC, Chapter 41, in the Texas Register and the Texas Administrative Code upon the request of the commissioner, pursuant to the TEC, §41.013(d). Use of forms and procedures commonly utilized under the Administrative Procedure Act provides a convenience to the general public and administrative agencies. Their use does not constitute a waiver of the TEC, §41.013(c), or an election to apply the requirements in Texas Government Code, Chapter 2001, to this rule adoption.

Two changes to the Manual for Districts Subject to Wealth Equalization 2016-2017 School Year, Revised April 2017 from the Manual for Districts Subject to Wealth Equalization 2016-2017 School Year are as follows.

Administrative Procedures

TEC, §41.001, requires a district's designation under this chapter to be determined based on the taxable value of property, as determined under Texas Government Code, Chapter 403, Subchapter M. The language incorrectly referring to property values used for state funding purposes under the TEC, Chapter 42, is repealed.

Taxation

The subsection titled, "What if our district offers an optional homestead exemption?" is repealed because the TEC, §42.2522(a), only applies to the TEC, Chapter 42.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period began August 25, 2017, and ended September 25, 2017, and a public hearing was held on August 31, 2017. Following is a summary of the public comment received and corresponding agency response regarding the amendment to 19 TAC Chapter 62, Commissioner's Rules Concerning the Equalized Wealth Level, §62.1071, Manual for Districts Subject to Wealth Equalization.

Comment. Thompson & Horton, LLP commented in favor of the amendment.

Agency Response. The agency agrees.

STATUTORY AUTHORITY. The amendment is authorized under the Texas Education Code (TEC), §41.006, which authorizes the commissioner of education to adopt rules necessary for the implementation of the TEC, Chapter 41, Equalized Wealth Level; TEC, §41.013(c), which provides that Texas Government Code, Chapter 2001, is inapplicable to decisions of the commissioner under TEC, Chapter 41; and TEC, §41.013(d), which authorizes the commissioner to request the Secretary of State to publish rules adopted under TEC, Chapter 41.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §41.006 and §41.013(c) and (d).

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, 2017.

TRD-201704598

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: December 5, 2017

Proposal publication date: August 25, 2017

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


CHAPTER 101. ASSESSMENT

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING IMPLEMENTATION OF THE ACADEMIC CONTENT AREAS TESTING PROGRAM

DIVISION 2. PARTICIPATION AND ASSESSMENT REQUIREMENT FOR GRADUATION

19 TAC §101.3022

The Texas Education Agency adopts an amendment to §101.3022, concerning assessment requirements for graduation. The amendment is adopted without changes to the proposed text as published in the September 15, 2017 issue of the Texas Register (42 TexReg 4749) and will not be republished. The adopted amendment modifies the rule to reflect changes in statute made by Senate Bill (SB) 463, 85th Texas Legislature, Regular Session, 2017, and removes dates that have passed.

REASONED JUSTIFICATION. Section 101.3022 requires students to achieve satisfactory performance on the end-of-course (EOC) assessments listed in the Texas Education Code (TEC), §39.023(c), to be eligible to receive a high school diploma. The rule also specifies an exception, as authorized by the TEC, §28.0258, that allows a student who has failed to achieve the EOC assessment graduation requirements for no more than two courses to receive a Texas high school diploma if the student has qualified to graduate by means of an individual graduation committee. The rule previously stated that the individual graduation committee provision applies only to students in the 11th or 12th grade in the 2014-2015, 2015-2016, or 2016-2017 school years and that the provision expires on September 1, 2017.

SB 463, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §28.0258, to extend the expiration date of the provision that allows eligible students to qualify to graduate by means of an individual graduation committee to September 1, 2019.

To implement SB 463, the adopted amendment modifies the rule by extending the expiration date to September 1, 2019. In addition, the adopted amendment removes the outdated language that limited the individual graduation committee provision to students in the 11th or 12th grade in the 2014-2015, 2015-2016, or 2016-2017 school years.

Technical edits were also made.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began September 15, 2017, and ended October 16, 2017. Following is a summary of the public comment received and corresponding agency response regarding the proposed amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 2, Participation and Assessment Requirements for Graduation, §101.3022, Assessment Requirements for Graduation.

Comment: A representative from Northside ISD expressed support for the proposed amendment, noting that extending the expiration date allows districts to continue determining whether eligible students who struggle with passing the end-of-course assessments qualify to graduate.

Agency Response: The agency agrees. SB 463 extends the expiration date of the provision that allows eligible students to qualify to graduate by means of an individual graduation committee.

STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code (TEC), §28.0258, as amended by Senate Bill (SB) 463, 85th Texas Legislature, Regular Session, 2017, which establishes an individual graduation committee to determine if a student who has failed to comply with the end-of-course (EOC) assessment instrument performance requirements in the TEC, §39.025, for not more than two courses is qualified to graduate. Subsection (k) requires the commissioner to adopt rules to implement the section. The section expires September 1, 2019; and the TEC, §39.025(a-2), as amended by SB 463, 85th Texas Legislature, Regular Session, 2017, which allows a student who has failed to perform satisfactorily on EOC assessment instruments to receive a high school diploma if the student qualifies for graduation under the TEC, §28.0258. The subsection expires September 1, 2019.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §28.0258 and §39.025, as amended by Senate Bill 463, 85th Texas Legislature, Regular Session, 2017.

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, 2017.

TRD-201704600

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: December 5, 2017

Proposal publication date: September 15, 2017

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