Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,099
3077-3422 p. ; 28 cm.View a full description of this periodical.
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available in the on-line version of the June 8, 2007, issue of the Texas
Register.)
The Texas Education Agency (TEA) proposes an amend-
ment to 97.1005, concerning accountability and performance
monitoring. The section describes the purpose of the Per-
formance-Based Monitoring Analysis System (PBMAS) and
manner in which school districts and charter school performance
is reported. The section also adopts the most recently published
PBMAS Manual. The proposed amendment would adopt appli-
cable excerpts of the Performance-Based Monitoring Analysis
System 2007 Manual, dated June 2007. Earlier versions of the
manual will remain in effect with respect to the school years for
which they were developed.
House Bill 3459, 78th Texas Legislature, 2003, added the Texas
Education Code (TEC), 7.027, limiting and redirecting monitor-
ing done by the TEA to that required to ensure school district
and charter school compliance with federal law and regulations;
financial accountability, including compliance with grant require-
ments; and data integrity for purposes of the Public Education In-
formation Management System (PEIMS) and accountability un-
der TEC, Chapter 39. Legislation passed in 2005 renumbered
TEC, 7.027, to TEC, 7.028. To meet this monitoring require-
ment, the agency developed the PBMAS, which is used in con-
junction with other evaluation systems, to monitor performance
and program effectiveness of special programs in school districts
and charter schools.
Agency legal counsel has determined that the commissioner of
education should take formal rulemaking action to place into the
Texas Administrative Code procedures related to the PBMAS.
Given the statewide application of the PBMAS and the existence
of sufficient statutory authority for the commissioner of education
to formally adopt rules in this area, portions of each annual PB-
MAS Manual have been adopted since the first PBMAS Manual
was developed in 2004-2005. The PBMAS evolves from year to
year, and the intent is to annually update 19 TAC 97.1005 to
refer to the most recently published PBMAS Manual.
The proposed amendment to 19 TAC 97.1005 would update
the current rule by adopting excerpted sections of the PBMAS
2007 Manual, dated June 2007. These excerpted sections de-
scribe the specific criteria and calculations that will be used to
assign 2007 PBMAS performance levels. The 2007 PBMAS in-
cludes several key changes from the 2006 system. A new grad-
uation rate indicator is previewed in each of the four program
areas. Performance levels will be assigned for the four Rec-
ommended High School Program / Distinguished Achievement
Program indicators that have been Report Only for the last three
years. The Career and Technology Education program area has
been renamed Career and Technical Education (CTE). In addi-
tion, the Nontraditional Course indicators in the CTE program
area are reported using a new list of nontraditional courses. The
Highly Qualified Teachers indicator has been deleted from the
No Child Left Behind program area. The required improvement
component has been expanded to many more indicators, and
science has been added as a subject area for which professional
judgment special analysis is available on certain indicators. The
Texas Assessment of Knowledge and Skills-Alternate (TAKS-Alt)
has been added to the PBMAS participation indicators. Two indi-
cators in the special education program area that evaluate place-
ments in less restrictive environments (LRE) have changed. A
performance level will be assigned to the 3-5 LRE indicator, and
the age range for the 3-11 LRE indicator has changed to 6-11.
Additional numerator controls have been added to the specialeducation identification and representation indicators, and some
of the performance level cut points for the representation indi-
cators have been adjusted. The special education Statewide
Assessment Exemption indicator has been suspended for 2007
and will be revised in 2008 to reflect new assessments for stu-
dents with disabilities. Finally, additional specificity has been
added to the 2007 PBMAS performance levels to designate re-
quired improvement and professional judgment special analysis.
Changes to the PBMAS indicators for 2007 are marked in the
manual as "New!" for easy reference.
The proposed amendment would also amend language in sub-
section (a) to update the name of the career and technical edu-
cation program. In addition, subsection (d) would be modified to
specify that the PBMAS manual adopted for the school years
prior to 2007-2008 will remain in effect with respect to those
school years.
Criss Cloudt, Associate Commissioner for Assessment, Ac-
countability, and Data Quality, has determined that for the first
five-year period the amendment is in effect there will be no
fiscal implications for state and local government as a result of
enforcing or administering the amendment.
Dr. Cloudt 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 to continue to
inform the public of the existence of annual manuals specifying
PBMAS procedures by including this rule in the Texas Adminis-
trative Code. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to
comply with the proposed amendment.
The public comment period on the proposal begins June 8, 2007,
and ends July 8, 2007. Comments on the proposal may be
submitted to Cristina De La Fuente-Valadez, Policy Coordina-
tion Division, Texas Education Agency, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 475-1497. Comments may
also be submitted electronically to rules@tea.state.tx.us or faxed
to (512) 463-0028. All requests for a public hearing on the pro-
posed amendment submitted under the Administrative Proce-
dure Act must be received by the commissioner of education
not more than 15 calendar days after notice of the proposal has
been published in the Texas Register.
The amendment is proposed under the Texas Education Code,
7.028, which authorizes the agency to monitor as necessary to
ensure school district and charter school compliance with state
and federal law and regulations.
The amendment implements the Texas Education Code, 7.028.
97.1005. Performance-Based Monitoring Analysis System.
(a) In accordance with Texas Education Code, 7.028(a), the
purpose of the Performance-Based Monitoring Analysis System (PB-
MAS) is to report annually on the performance of school districts and
charter schools in selected program areas: bilingual education/Eng-
lish as a Second Language, career and technical [teehnelgy] educa-
tion, special education, and certain Title programs under the federal No
Child Left Behind Act. The performance of a school district or charter
school is reported through indicators of student performance and pro-
gram effectiveness and corresponding performance levels established
by the commissioner of education.
(b) The assignment of performance levels for school districts
and charter schools in the 2007 [2006] PBMAS is based on specific
criteria and calculations, which are described in excerpted sections of
the PBMAS 2007 [2006] Manual provided in this subsection.PROPOSED RULES June 8, 2007 32 TexReg 3099
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/22/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.