Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,037
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The amendment is adopted under the Texas Education Code
(TEC), 7.055(b)(32), which authorizes the commissioner to per-
form duties in connection with the public school accountabil-
ity system as prescribed by TEC, Chapter 39; TEC, 39.073,
which authorizes the commissioner to determine how all indica-
tors adopted under TEC, 39.051(b), may be used to determine
accountability ratings; and TEC, 39.075(a)(4), which authorizes
the commissioner to conduct special accreditation investigations
in response to state and federal program requirements.
The amendment implements the Texas Education Code,
7.055(b)(32), 39.073, and 39.075(a)(4).
97.1004. Adequate Yearly Progress.
(a) In accordance with the federal No Child Left Behind Act
and Texas Education Code, 7.055(b)(32), 39.073, and 39.075, all
public school campuses, school districts, and the state are evaluated for
Adequate Yearly Progress (AYP). Districts, campuses, and the state are
required to meet AYP criteria on three measures: reading/language arts,
mathematics, and either graduation rate (for high schools and districts)
or attendance rate (for elementary and middle/junior high schools).
The performance of a school district, campus, or the state is reported
through indicators of AYP status established by the commissioner of
education.
(b) The determination of AYP for school districts and charter
schools in 2005 is based on specific criteria and calculations, which are
described in excerpted sections of the 2005 AYP Guide provided in this
subsection.
Figure: 19 TAC 97.1004(b)
(c) The specific criteria and calculations used in AYP are es-
tablished annually by the commissioner of education and communi-
cated to all school districts and charter schools.
(d) The specific criteria and calculations used in the AYP
Guide adopted for the school year prior to 2005-2006 remain in effect
for all purposes, including accountability, data standards, and audits,
with respect to that school year.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on October 14,
2005.
TRD-200504613
Cristina De LaFuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: November 3, 2005
Proposal publication date: August 26, 2005
For further information, please call: (512) 475-1497
TITLE 25. HEALTH SERVICESPART 1.
HEALTHDEPARTMENT OF STATE
SERVICESCHAPTER 135. AMBULATORY SURGICAL
CENTERS
The Executive Commissioner of the Health and Human Ser-
vices Commission, on behalf of the Department of State HealthServices (department), adopts amendments to 135.1 -
135.4, 135.9, 135.10, 135.14, 135.18 - 135.25, 135.41, 135.42
and 135.52, the repeal of 135.11, 135.15 and 135.26, and
new 135.11, 135.15, 135.26 and 135.29, concerning the
regulation of ambulatory surgical centers. The amendments
to 135.2, 135.4, 135.9 and 135.22, and new 135.11 and
135.15 are adopted with changes to the proposed text as
published in the June 17, 2005, issue of the Texas Register
(30 TexReg 3542). Amendments to 135.1, 135.3, 135.10,
135.14, 135.18 - 135.21, 135.23 - 135.25, 135.41, 135.42 and
135.52, and new 135.26 and 135.29 are adopted without
changes and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The amendments, repeals, and new sections are adopted in
accordance with Health and Safety Code (HSC), Chapter 243,
which charges the department with the responsibility to license
ambulatory surgical centers. The amendments, repeals, and
new sections are necessary to comply with Government Code,
Chapter 2054, Subchapter K, which requires the department
to participate in an electronic system for occupational licens-
ing transactions (Texas Online); Acts, 2003, 78th Legislature,
Regular Session, Chapter 198, (House Bill 2292), 2.42, added
Health and Safety Code, 12.0111, which requires the depart-
ment to charge a fee sufficient to cover the cost of administering
and enforcing the licensing program; Health and Safety Code,
12.0112, which requires that the term for licenses issued or
renewed after January 1, 2005, to be two years; Government
Code, Chapter 2005, which requires state agencies to adopt
procedural rules for processing permit applications; and as a re-
sponse to a request by stakeholders for clarification of certain
provisions of the rules.
SECTION-BY-SECTION SUMMARY
The amendments to 135.1, 135.14 and 135.18 - 135.22,
135.25, and 135.41 update and correct references within the
sections. The amendment to 135.2 adds definitions for "ex-
tended observation" and "premises", updates and clarifies the
definitions of "advanced practice nurse", "ambulatory surgical
center", "available", "licensed vocational nurse" and "registered
nurse", and deletes the definition of "director" which is deemed
unnecessary. The amendment to 135.3 clarifies that the fee
for a one-year license is doubled when a license is issued for a
two-year period. Department rules for the issuance of two-year
licenses beginning January 1, 2005, became effective on April
4, 2004. Wording is also added to the section concerning the
department's authorization to collect subscription and conve-
nience fees, in amounts to be determined by the Texas Online
Authority, to recover costs associated with application and
renewal application processing. The amendment to 135.4 re-
quires the ASC governing body to adopt, implement and enforce
policies relating to accurate billing for services and supplies
and for compliance with applicable state laws. The amendment
to 135.9 requires an evaluation of nutritional needs when a
patient is in the ASC more than eight hours. The amendment
to 135.10 adds a requirement for an emergency call system.
The amendment to 135.23 clarifies the physical location or
premises the ASC license covers. The amendment to 135.24
is to make the enforcement section language the same as
other facility licensing rules. The amendment of 135.42 allows
flammable germicides to be used for preoperative surgical skin
preparation under specified conditions, establishes a require-
ment for the ASC to report surgical suite fires to the department
within two business days and to implement a corrective actionADOPTED RULES October 28, 2005 30 TexReg 7037
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/63/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.