Texas Register, Volume 36, Number 21, Pages 3223-3362, May 27, 2011 Page: 3,244
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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 27,
2011, and ends June 27, 2011. 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 27, 2011.
The amendment is proposed under the Texas Education Code
(TEC), 7.028, which authorizes the agency to monitor as neces-
sary to ensure school district and charter school compliance with
state and federal law and regulations; TEC, 29.001(5), which
authorizes the agency to effectively monitor all local educational
agencies (LEAs) to ensure that rules relating to the delivery of
services to children with disabilities are applied in a consistent
and uniform manner, to ensure that LEAs are complying with
those rules, and to ensure that specific reports filed by LEAs
are accurate and complete; TEC, 29.010(a), which authorizes
the agency to adopt and implement a comprehensive system
for monitoring LEA compliance with federal and state laws relat-
ing to special education, including ongoing analysis of LEA spe-
cial education data; TEC, 39.051 and 39.052, which authorize
the commissioner to determine criteria for accreditation statuses
and to determine the accreditation status of each school district
and open-enrollment charter school; TEC, 39.054, which au-
thorizes the commissioner to adopt rules to evaluate school dis-
trict and campus performance, including evaluation against state
standards and consideration of the performance of each campus
in a school district and each open-enrollment charter school on
the basis of the campus's or school's performance on student
achievement indicators; TEC, 39.056-39.058, which autho-
rize the commissioner to adopt procedures relating to on-site and
special accreditation investigations; and TEC, 39.102-39.104,
which authorize the commissioner to implement procedures to
impose interventions and sanctions for districts, campuses, and
open-enrollment charter schools.
The amendment implements the TEC, 7.028, 29.001(5),
29.010(a), 39.051, 39.052, 39.054, 39.056-39.058, and
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 2011  PBMAS is based on specific
criteria and calculations, which are described in excerpted sections of
the PBMAS 2011  Manual provided in this subsection.
Figure: 19 TAC 97.1005(b)
[Figure 419 TAG 97.1005(b)]
(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 2011-2012 [2010-
2044] 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 16, 2011.
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 26, 2011
For further information, please call: (512) 475-1497
TITLE 22. EXAMINING BOARDS
PART 11. TEXAS BOARD OF NURSING
CHAPTER 217. LICENSURE, PEER
ASSISTANCE AND PRACTICE
22 TAC 217.21
Introduction. The Texas Board of Nursing (Board) proposes new
217.21 (relating to Remedial Education Course Providers and
Remedial Education Courses). This new section is being pro-
posed under the authority of the Occupations Code 301.303,
301.452, 301.453, and 301.151 and is necessary to create,
in rule, an approval process for remedial education course
providers (providers) and remedial education courses (courses),
including the creation of new fees for the approval and renewal
of courses. Additional amendments affecting 22 TAC 223.1
(relating to Fees) are being simultaneously proposed in this
issue of the Texas Register
The Board's mission is to protect the health, safety, and welfare
of the public. One way in which the Board fulfills this obligation is
by regulating the conduct of its licensees. When a licensee com-
mits a violation of the Nursing Practice Act (Occupations Code
Chapter 301), the Board is authorized to take disciplinary action
36 TexReg 3244 May 27, 2011
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Texas. Secretary of State. Texas Register, Volume 36, Number 21, Pages 3223-3362, May 27, 2011, periodical, May 27, 2011; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth176621/m1/20/: accessed September 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.