TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 4. SCHOOL LIBRARY PROGRAMS

SUBCHAPTER A. STANDARDS AND GUIDELINES

13 TAC §4.1

(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 13 TAC §4.1(a) is not included in the print version of the Texas Register. The figure is available in the on-line version of the November 24, 2017, issue of the Texas Register.)

PREAMBLE. The Texas State Library and Archives Commission (Commission) proposes an amendment to 13 Texas Administrative Code (TAC) §4.1, including the revised School Library Programs: Standards and Guidelines for Texas, pursuant to the requirements of Texas Education Code, §33.021, which directs the Commission, in consultation with the State Board of Education, to adopt standards for school library services.

The proposed revision in the School Library Standards differs from the current standards adopted 2005 as follows:

The revised standards follow the same format used in the T-TESS (Texas Teacher Evaluation and Support System) rubric;

The proposed standards address the changes in the technology used in education as well as the increased access to and use of technology devices and tools in today's schools;

The proposed standards are written to support the six common beliefs regarding what comprises an effective school library program as defined by the Texas Library Association and school librarians in the state of Texas versus the current standards which are based on the six required areas of certification for school librarians in Texas, last updated in 2001; and

The proposed standards list five levels of expectation attainment versus the four levels in the current standards, the five levels mirror the five levels presented in the T-TESS rubric.

FISCAL NOTE. Mark Smith, State Librarian and Director for the Commission, 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. In accordance with the Texas Education Code §33.021, these standards are recommended and non-mandatory. A school district would only be impacted to the extent that they voluntarily chose to implement the standards and only then if a cost were necessary for compliance. There is no impact if districts choose not to implement the recommendations. For this reason 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. Similarly, the proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Smith 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 increased academic achievement of Texas public school students, higher high-school completion rates, and greater percentage of students advancing to post-secondary education. This analysis is based on extensive research that has demonstrated that a strong school library is a leading predictor of student achievement. Because compliance with the standards is voluntary, 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, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. During the first five years that the rule would be in effect, the proposed amendment: does not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the rule would be in effect, the proposed amendment will have a positive effect on the Texas economy because of higher student achievement, resulting in higher high-school completion rates, greater post-school employment skills, higher literacy rates, and greater percentage of college and university attendance.

Under a separate posting in this issue of the Texas Register, the Commission is also concurrently conducting a review of the rules at 13 TAC, Chapter 4, §4.1, pursuant to Texas Government Code §2001.039.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be directed to Jennifer Peters, Director, Library Development and Networking, Box 12927, Austin, Texas, 78711-2927, or by fax (512) 463-2306.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §33.021, which directs the Commission, in consultation with the State Board of Education, to adopt standards for school library services.

§4.1.School Library Programs: Standards and Guidelines for Texas.

(a) The School Library Programs: Standards and Guidelines for Texas, which are available at https://www.tsl.texas.gov/node/66176 and provided in this subsection, [http://www.tsl.state.tx.us/ld/pubs/index.html, ] are adopted by the Texas State Library and Archives Commission. The Standards and Guidelines are based on the work and recommendations of an advisory committee formed to review and update the current Standards and Guidelines.

Figure: 13 TAC §4.1(a) (.pdf)

(b) The School Library Programs: Standards and Guidelines for Texas are applicable to local Texas school districts (Independent, consolidated, common, or municipal districts and charter schools accredited by the Texas Education Agency as provided by TEC Chapter 11 Subchapter D, Chapter 39).

(c) The School Library Programs: Standards and Guidelines for Texas, describe six common beliefs for school library programs: Information Literacy, Inquiry, Reading, Digital Learning, Safe and Nurturing Environment, Leadership, and an Appendix. The Standards and Guidelines describe five levels of achievement; Distinguished, Accomplished, Proficient, Developing, and Improvement Needed. [describe six components for school library programs: Learner-Centered Teaching and Learning, Learner-Centered Program Leadership and Management, Learner-Centered Technology and Information Access, Learner-Centered Library Environment, Learner-Centered Connections to Community, and Learner-Centered Information Science and Librarianship. The Standards and Guidelines describe four levels of achievement, below standard, acceptable, recognized, and exemplary, for the goals within each component.]

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 November 10, 2017.

TRD-201704551

Jennifer Peters

Director, Library Development and Networking

Texas State Library and Archives Commission

Earliest possible date of adoption: December 24, 2017

For further information, please call: (512) 463-5456


CHAPTER 7. LOCAL RECORDS

SUBCHAPTER D. RECORDS RETENTION SCHEDULES

13 TAC §7.125

(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 13 TAC §7.125 is not included in the print version of the Texas Register. The figure is available in the on-line version of the November 24, 2017, issue of the Texas Register.)

The Texas State Library and Archives Commission proposes to amend 13 TAC §7.125, regarding the local government records retention schedule for Records of Public School Districts (Schedule SD), pursuant to Texas Government Code, §441.158.

The proposed amendments include revisions necessary to keep the schedule up-to-date with current laws and administrative rules, and to improve retention of public records.

The proposed amendments include the addition of seven new records series for the following records: (1) SD3200-09d Test and Academic Measurement Reports; (2) SD3200-12 Student Accommodation Records; (3) SD3250-03 Video Surveillance, Special Education Settings; (4) SD3250-45 Civil Rights Data Collection (CRDC); (5) SD3425-03 District Improvement Plan; (6) SD3425-04 Campus Improvement Plan; and (7) SD3575-12 Alternative Certification Programs (ACPs).

The proposed amendments include the deletion of the following four records series as obsolete: (1) SD3475-01 Annual Membership Report; (2) Local Textbook Committee Report; (3) SD3475-05b Textbook Procurement Records; and (4) SD3575-10 Tuberculosis Certificates.

The proposed amendments include an increase in the retention period for the following ten records series: (1) SD3200-05 Home Language Surveys; (2) SD3250-33 Daily NGS Logs; (3) SD3250-34 Enrollment and Withdrawal Reports; (4) SD3250-35 Monitoring Documentation; (5) SD3250-36 Recruiting Records; (6) SD3250-37a Student Records; (7) SD3300-04 Cumulative Health Card or Record; (8) SD3325-04 Lesson Plans; (9) SD3525-03 Fire Safety Inspection Reports; and (10) SD3625-07 Visitor Logs.

The proposed amendments include a decrease in the retention period for the following eight records series: (1) SD3225-02a Access to Information, Records of; (2) SD3225-02b Access to Information, Records of; (3) SD3225-02c Access to Information, Records of; (4) SD3300-01 Accident Reports; (5) SD3300-06a Exclusion and Verification Documentation; (6) SD3300-06c Exclusion and Verification Documentation; (7) SD3475-04c Textbook Inventory and Distribution Control Records; and (8) SD3575-05b Performance Appraisal Records.

The remaining proposed amendments include non-substantive corrections, updates, and clarifications in response to questions and comments from interested stakeholders since the publication of the revised second edition.

FISCAL NOTE. Craig Kelso, Director, State & Local Records Management Division, has determined that for each year of the first five years the amendment is in effect, there will be no fiscal implications for state or local governments as a result of administering or enforcing the amendment. To the extent that the seven proposed new records series and the increased retention periods for ten records series may impact storage costs for school districts, the commission has determined that the concurrently proposed deletion of four obsolete records series and the reduction in the retention period for eight records series should offset any increase in storage requirements. In addition, the transition to the electronic storage of records by school districts will continue to decrease the need for physical storage space. Mr. Kelso, therefore, has determined that the amendments deleting obsolete retention periods and reducing retention periods results in a cost reduction greater than or equal to any costs imposed by the proposed amendments. Additionally, because the commission is required to publish local government records retention schedules in order to implement §441.158 of the Texas Government Code, the requirements under §2001.0045 to repeal or amend a rule do not apply. Texas Government Code, §2001.0045(c)(9).

Mr. Kelso does not anticipate either a loss of, or an increase in, revenue to state or local governments as a result of the proposed amendment. The proposed amendment does not impose a cost on regulated persons.

PUBLIC BENEFIT/COST NOTE. Mr. Kelso has also determined that for each year of the first five years the amendment is in effect the public benefit will be that the amended schedules will help to provide better management of records by improving retention of public records and will increase access to those records by the public.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There will be no impact on small businesses, micro-businesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. During the first five years that the rule would be in effect, the proposed amendment: does not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; does not create a new regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. Because the proposed amendments to the records retention schedule include new records series, delete obsolete records series, and decrease and increase other records series, the amendments will both expand and limit the existing regulation, depending on the individual records series, as noted above. During the first five years that the rule would be in effect, the proposed amendment will have a positive effect on the Texas economy because the amended schedules will help to provide better management of records by improving retention of public records and will increase access to those records by the public.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed rules may be submitted to Sarah Jacobson, Manager, Records Management Assistance, P.O. Box 12927, Austin, Texas 78711; by fax to (512) 936-2306; or by email to sjacobson@tsl.texas.gov.

The amended section is proposed under Texas Government Code, §441.158 that requires the Texas State Library and Archives Commission to provide records retention schedules to local governments, and Texas Government Code, §441.160 that allows the commission to revise the schedules.

The proposed amendment is intended to implement Texas Government Code, §441.158 and §441.160.

§7.125.Records Retention Schedules.

(a) The following records retention schedules, required to be adopted by rule under Government Code §441.158(a) are adopted.

(1) - (5) (No change.)

(6) Local Schedule SD: Records of Public School Districts, 3rd [Revised 2nd] Edition.

Figure: 13 TAC §7.125(a)(6) (.pdf)

[Figure: 13 TAC §7.125(a)(6)]

(7) - (12) (No change.)

(b) (No change.)

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 November 8, 2017.

TRD-201704515

Sarah Jacobson

Manager, Records Management Assistance

Texas State Library and Archives Commission

Earliest possible date of adoption: December 24, 2017

For further information, please call: (512) 463-5449