TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL

SUBCHAPTER AA. TEACHER APPRAISAL

19 TAC §150.1001

The Texas Education Agency proposes an amendment to §150.1001, concerning teacher appraisal. The proposed amendment would clarify language relating to measures of student performance to reflect an agreement between the commissioner and concerned stakeholders.

Title 19 TAC Chapter 150, Subchapter AA, describes the current state-recommended appraisal system for teachers, the Texas Teacher Evaluation and Support System (T-TESS), which has been in place since July 2016.

The proposed amendment to 19 TAC §150.1001 would clarify and solidify interpretation of the phrase "the performance of teachers' students" in the TEC, §21.351(a)(2), as a measure of student growth at the individual teacher level, a required component of both the state-recommended teacher appraisal system and any locally developed teacher appraisal system beginning with the 2017-2018 school year.

The proposed amendment would also clarify the flexibility a school district has in choosing and weighting student growth measures for teacher appraisal.

The rules do not restrict additional factors a school district may consider. So in addition to considering how the individual teacher's students progress, under the local appraisal system school districts may also consider how teachers' students progress as a group. For example, a school district can have an additional collective component for eighth grade English teachers considering how all eighth grade English students have progressed.

Under the local appraisal system, there is no required weighting for each measure. If districts are providing a single overall summative rating to teachers, they can weight each component, including student growth, at a level determined by the district. Districts can also adopt an appraisal system that does not provide a single, overall summative rating.

The proposed amendment would have no new procedural or reporting implications. The proposed amendment would have no new locally maintained paperwork requirements.

FISCAL NOTE. Martin Winchester, deputy commissioner for educator support, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

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

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 July 7, 2017, and ends August 7, 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 July 7, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §21.351, which requires the commissioner of education to adopt a state-recommended appraisal process for teachers, and the TEC, §21.352, which details the local role for school districts as it relates to teacher appraisal, including locally adopted appraisal processes and appraisal timelines and frequency.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §21.351 and §21.352.

§150.1001.General Provisions.

(a) All school districts have two choices in selecting a method to appraise teachers: a teacher appraisal system recommended by the commissioner of education or a local teacher appraisal system.

(b) The commissioner's recommended teacher appraisal system, the Texas Teacher Evaluation and Support System (T-TESS), was developed in accordance with the Texas Education Code (TEC), §21.351.

(c) The superintendent of each school district, with the approval of the school district board of trustees, may select the T-TESS. Each school district or campus wanting to select or develop an alternative teacher appraisal system must follow the TEC, §21.352, and §150.1007 of this title (relating to Alternatives to the Commissioner's Recommended Appraisal System).

(d) The commissioner may designate a regional education service center to serve as the T-TESS certification provider for the state. The designated regional education service center may collect appropriate fees under the TEC, §8.053, from school districts and open-enrollment charter schools for training and certification.

(e) Sections 150.1002 through 150.1006 of this title apply only to the T-TESS and not to local teacher appraisal systems.

(f) The statutorily required components of teacher appraisal are defined as follows.

(1) The implementation of discipline management procedures is the teacher's pedagogical practices that produce student engagement and establish the learning environment.

(2) The performance of teachers' students is how the individual teacher's students progress academically in response to the teacher's pedagogical practice as measured at the individual teacher level by one or more [of the following] student growth measures.[:]

[(A) student learning objectives;]

[(B) student portfolios;]

[(C) pre- and post-test results on district-level assessments; or]

[(D) value-added data based on student state assessment results.]

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 June 26, 2017.

TRD-201702453

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 6, 2017

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