Texas Register, Volume 35, Number 20, Pages 3703-3904, May 14, 2010 Page: 3,755
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Proficiency Level Rate, the TELPAS Composite Rating Levels
for Students in U.S. Schools Multiple Years, the Title I, Part A An-
nual Dropout Rate (Grades 7-12), the Special Education TAKS-
M Participation Rate, the Special Education TAKS-Alt Participa-
tion Rate, and the Special Education Discretionary Placements
to Out-of-School Suspension (OSS).
To address the final phase-in of TAKS (Accommodated) perfor-
mance results, a "hold harmless" provision has been added to
two subject-area indicators in both the Career and Technical Ed-
ucation and the Special Education program areas. Changes to
the PBMAS indicators for 2010 are marked in the manual as
"New!" for easy reference.
The proposed amendment would also modify subsection (d) to
specify that the PBMAS Manual adopted for the school years
prior to 2010-2011 will remain in effect with respect to those
The proposal would establish in rule the PBMAS procedures for
assigning the 2010 PBMAS performance levels. Applicable pro-
cedures will be adopted each year as annual versions of the PB-
MAS Manual are published. The proposed amendment would
have no locally maintained paperwork requirements.
Criss Cloudt, associate commissioner for assessment, account-
ability, and data quality, has determined that for the first five-year
period the amendment is in effect there will be no additional costs
for state or local government as a result of enforcing or adminis-
tering 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 is no anticipated economic cost to persons
who are required to comply with the proposed amendment.
There is no direct adverse economic impact for small businesses
and microbusinesses; therefore, no regulatory flexibility anal-
ysis, specified in Texas Government Code, 2006.002, is re-
The public comment period on the proposal begins May 14,
2010, and ends June 14, 2010. Comments on the proposal may
be submitted to Cristina De La Fuente-Valadez, Policy Coordi-
nation Division, Texas Education Agency, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 475-1497. Comments
may also be submitted electronically to email@example.com
or faxed to (512) 463-0028. 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 May 14, 2010.
The amendment is proposed under the TEC, 7.028, which au-
thorizes the agency to monitor as necessary to ensure school
district and charter school compliance with state and federal law
The amendment implements the TEC, 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/English
as a Second Language, career and technical education, special educa-
tion, 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 program effectiveness
and corresponding performance levels established by the commissioner
(b) The assignment of performance levels for school districts
and charter schools in the 2010  PBMAS is based on specific
criteria and calculations, which are described in excerpted sections of
the PBMAS 2010  Manual provided in this subsection.
Figure: 19 TAC 97.1005(b)
[Figure: 1 TAG- 07 1005(h)]
L, t.% -N _ .., L .
(c) The specific criteria and calculations used in the PBMAS
are established annually by the commissioner of education and com-
municated to all school districts and charter schools.
(d) The specific criteria and calculations used in the annual
PBMAS manual adopted for the school years prior to 2010-2011 [2O09-
2010] remain in effect for all purposes, including accountability and
performance monitoring, data standards, and audits, with respect to
those school years.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 3, 2010.
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 13, 2010
For further information, please call: (512) 475-1497
TITLE 22. EXAMINING BOARDS
PART 11. TEXAS BOARD OF NURSING
CHAPTER 223. FEES
22 TAC 223.1
INTRODUCTION. The Texas Board of Nursing (Board) proposes
an amendment to 223.1 (relating to Fees). The amend-
ment is proposed under the Occupations Code 301.155(a),
301.157(b), and 301.151 and is necessary to increase the
required filing fee for the approval of a new nursing education
program from $500 to $2,500.
Currently, the required filing fee for the approval of a new nursing
education program is $500. This fee was established in 2005,
following the merger of the Board of Nurse Examiners and the
Board of Vocational Nurse Examiners. Since that time, the Board
has continued to receive an increasing number of new nursing
education program proposals each year. Despite the increase in
proposal submissions, the Board has not increased the filing fee
for the approval of a new nursing education program since 2005.
However, due to the continuing influx of new nursing education
program proposals, the Board has now determined that the fil-
ing fee associated with the approval of a new nursing education
program must be increased in order for the Board to be able to
review and approve the proposals in an effective and efficient
PROPOSED RULES May 14, 2010 35 TexReg 3755
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Texas. Secretary of State. Texas Register, Volume 35, Number 20, Pages 3703-3904, May 14, 2010, periodical, May 14, 2010; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101185/m1/53/: accessed September 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.