The Texas Education Agency (TEA) adopts new §102.1201, concerning the Texas High Performance Schools Consortium. The new section is adopted with changes to the proposed text as published in the January 27, 2012, issue of the Texas Register (37 TexReg 254). The adopted new rule establishes the procedures for school district and eligible charter school participation in the Texas High Performance Schools Consortium required under the Texas Education Code (TEC), §7.0561, as added by Senate Bill (SB) 1557, 82nd Texas Legislature, 2011.

SB 1557, 82nd Texas Legislature, 2011, added the TEC, §7.0561, which created a Texas High Performance Schools Consortium. The TEC, §7.0561, authorizes the commissioner of education to adopt rules applicable to the consortium, including the establishment of the application process for school districts and eligible open-enrollment charter schools to participate in the consortium. Based on an application process, the consortium will be comprised of up to 20 school districts and eligible open-enrollment charter schools. The consortium, under the leadership of the commissioner, is to convene periodically to prepare for the governor and legislature a plan to improve learning standards and assessment and accountability systems that the consortium proposes to implement. The consortium’s plan is to emphasize digital learning, high-priority learning standards, and an accountability system that relies on multiple assessments and allows for greater parent and community involvement. The commissioner shall recommend to the legislature the waiver of any prohibitions, requirements, or restrictions necessary to enable consortium participants to implement the proposed plan.

Adopted new 19 TAC §102.1201 establishes in rule the requirements necessary for school districts and eligible open-enrollment charter schools to participate in the Texas High Performance Schools Consortium. The adopted new rule includes definitions and provisions relating to eligibility, application, criteria and methodology for selecting consortium participants, notification, and financing of the consortium.

In response to public comment, the following change has been made at adoption. Eligibility is no longer limited to districts and campuses receiving an exemplary rating in the most recent state accountability system. Language in subsection (b)(1) has been modified to establish that an eligible school district and its participating campus(es) “must not have been awarded the lowest performance rating as its most recent state academic accountability rating under §97.1001 of this title (relating to Accountability Rating System).” Additionally, new subsection (b)(2) has been added to establish that either a school district or its participating campus(es) “must have received either national, statewide, or regional public acknowledgment, from an organization relying on expertise in the field of education, for district-wide or campus-wide excellence in academic performance or innovative practices in one of the areas described by the consortium principles in subsection (a)(2) of this section.” Subsequent paragraphs in subsection (b) have been renumbered accordingly.

School districts and eligible open-enrollment charter schools interested in participating in the consortium must submit an application in compliance with the TEC, §7.0561(e), and semi-annual progress reports indicating the extent to which they have implemented their proposed plan as set forth in the TEA request for applications. Any locally maintained paperwork requirements resulting from the adopted new rule correspond with and support the stated procedural and reporting implications.