TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 105. FOUNDATION SCHOOL PROGRAM

SUBCHAPTER A. DEFINITIONS

19 TAC §105.1

The State Board of Education (SBOE) adopts an amendment to §105.1, concerning the Foundation School Program. The amendment is adopted without changes to the proposed text as published in the July 28, 2017, issue of the Texas Register (42 TexReg 3731) and will not be republished. The adopted amendment ensures that the definition of tax collections for purposes of the Texas Education Code (TEC), §42.004, and as used in issuing additional state aid for ad valorem tax credits under the TEC, §42.2515, complies with Texas Tax Code, Chapter 313.

REASONED JUSTIFICATION. The rule in 19 TAC Chapter 105, Subchapter A, establishes definitions for tax collections used to calculate state aid under the TEC, Chapters 42 and 46, and to implement the wealth-equalizing provisions of the TEC, Chapter 41.

Specifically, 19 TAC §105.1 establishes maintenance and operations (M&O) tax collections as those taxes collected during the fiscal year that are associated with the levy of local M&O tax rates, including current and delinquent taxes and any delinquent taxes related to former county education districts, but not including penalties and interest that accrue on delinquent M&O tax levies.

The adopted amendment to §105.1 updates the rule to comply with Texas Tax Code, Chapter 313, and excludes Chapter 313 tax credits from tax collections used to calculate state aid under TEC, Chapter 42, and recapture under TEC, Chapter 41. Additional state aid for ad valorem tax credits issued under the TEC, §42.2515, would be issued in accordance with Texas Tax Code, Chapter 313.

The SBOE approved the amendment for first reading and filing authorization at its June 23, 2017 meeting and for second reading and final adoption at its September 15, 2017 meeting.

In accordance with the TEC, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2018-2019 school year. The earlier effective date will implement the latest policy in a timely manner.

SUMMARY OF COMMENTS AND RESPONSES. No public comments were received on the proposal.

STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code (TEC), §42.004, which requires the commissioner of education, in accordance with the rules of the State Board of Education, to take such action and require such reports consistent with the TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §42.004.

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 September 25, 2017.

TRD-201703819

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: October 15, 2017

Proposal publication date: July 28, 2017

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


CHAPTER 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL

SUBCHAPTER AA. TEACHER APPRAISAL

19 TAC §150.1001

The Texas Education Agency adopts an amendment to §150.1001, concerning teacher appraisal. The amendment is adopted without changes to the proposed text as published in the July 7, 2017, issue of the Texas Register (42 TexReg 3457) and will not be republished. The adopted amendment clarifies language relating to measures of student performance to reflect an agreement between the commissioner and concerned stakeholders.

REASONED JUSTIFICATION. 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 adopted amendment to 19 TAC §150.1001 clarifies and solidifies interpretation of the phrase "the performance of teachers' students" in the Texas Education Code, §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 adopted amendment also clarifies 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.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began July 7, 2017, and ended August 7, 2017. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted 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.

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 September 20, 2017.

TRD-201703707

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: October 10, 2017

Proposal publication date: July 7, 2017

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