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Requirement for Notice of Performance
Frequently Asked Questions
Updated April 8, 2014

Texas Education Code requires that districts provide Notice of Performance to the public.

Q: What does statute require of districts?

A: Sections 39.361 and 39.362 of the Texas Education Code require districts to do the following:

  1. Requires districts to state whether the campus has been awarded a distinction designation or is currently rated Improvement Required, and an explanation of the significance of the information.
  2. Requires districts by the 10th day of the new school year to have posted on the district web site the current accreditation status and accountability ratings, Performance Reports (formerly referred to as the AEIS reports), and School Report Cards (SRC) as well as an explanation of the information.

Q: What does this law actually state?

A: This law is part of Chapter 39 of the Texas Education Code. For the actual language, please see Text of TEC Subchapter L.

Q: Are there any plans for the commissioner or the State Board of Education to adopt rules implementing this statute?

A: No additional requirements regarding how to implement this statute will be adopted by the commissioner or board.

Notice in Student Grade Report

Q: Do the school accountability rating and distinction designations need to be printed on the student’s report card?

A: They can be, but the law states that it “… must include the … information.” This could mean including a paper insert that shows this information, such as the 2013 Accountability Summary Report.

Q: Where do I find a definition and explanation of the performance rating and distinction designations that does not require attaching the entire accountability manual?

A: Districts may create their own explanatory materials or may provide other explanatory documents posted on the 2013 Accountability System site. The agency will post additional explanatory materials regarding distinction designations when available.

Q: Does the agency have a sample letter with a brief and clear explanation that we can use?

A: The complete explanation of all aspects of the system is contained in the 2013 Accountability Manual, in other explanatory documents posted on the 2013 Accountability System site, and on the Frequently Asked Questions site. Districts are also free to prepare their own, more simplified explanatory materials.

Q: The first report the campus sends home is not a report card but a status report. Does the accountability information need to be provided at that time?

A: The language of the bill is: “The first written notice of a student’s performance ...” The district will have to make the decision in relation to the content of the status report. The first report sent that applies to all students and contains an evaluation of their academic performance in all subjects should be used.

Q: My district has submitted an appeal for the state accountability rating for my campus. Do I have to include the 2013 accountability rating in the notification if there is a chance that it will be updated following the appeals process?

A: The statute requires that districts provide the most recent performance rating in the notification. For the 2013-14 school year, the 2013 state accountability rating released publicly on August 8, 2013, is the most recent performance rating. The district can include the information that the rating has been appealed in the notification. If the appeal is granted, the district may wish to provide a follow-up notification.

Notice on District Web Site

Q: What specifically is “… the 10th day after the first day of instruction of each school year…?”

A: This is the 10th school day, or actual instructional day. It does not include weekends, holidays, or other non-instructional days.

Q: I have the accountability ratings for this year which I can post, but the school report cards aren't available yet. How can I post them?

A: Statute specifically requires that the district post “… the most recent campus report card…” on the web site. That means that you must post the 2010-11 SRC and 2011-12 AEIS, if more current reports are not yet available. The posting should be revised later in the year as more current information becomes available. Districts are free to note the date of a posted report and the approximate date of future revisions.

Q: What reports need to be posted on our web site as of the beginning of the 2013-14 school year?

A: For 2013-14, districts must post:

The district should update its site with the 2012-13 Performance Reports and School Report Cards as soon as they are available, later in the fall.

Q: My district has submitted an appeal for the state accountability rating for my campus. Do I have to post the 2013 accountability rating on the district’s web site if there is a chance that it will be updated following the appeals process?

A: The statute requires that districts provide the most recent performance rating on the district’s web site no later than the tenth day after the first day of instruction. Similar to the student grade report requirement, the 2013 state accountability rating that was released publicly on August 8, 2013, is the most recent performance rating. The district can post the rating with a notation that the rating has been appealed, such as the following: 2013 State Accountability Rating: Improvement Required (Appeal Pending).

If the appeal is granted, the district should update the web site with the final rating.

Q: Will we need to update our web site when the latest SRC and Performance Reports are finally posted and/or when our rating changes due to a granted appeal?

A: HB 3297 does not require that the district web site be updated with the latest SRC or Performance Reports following the 10th instructional day of the year, but districts are encouraged to do so especially if a rating has changed due to a granted appeal. In addition, there are other statutory requirements that require each school to disseminate the School Report Card to the “parent, guardian, conservator, or other person having lawful control of each student at the campus.” Districts will receive detailed instructions regarding the distribution requirements for the School Report Cards when these reports are released in early December. Also, districts must follow TEA Guidelines for publishing the Performance Reports when these reports are released in late November or early December.

Q: How exactly are we expected to post these reports?

A: The simplest way would be to save the PDF version of each report to the district server, and make those available through a link on your district web site.

Q: What is the length of time that these items remain on our web site?

A: Since the legislation does not have an expiration date, these items will be a permanent addition to your web site, updated as necessary. Please note that you are not required to keep old reports on your site once new ones are available for posting.

New Requirements due to House Bill 5 (2013)

Q: What are the new reporting requirements for House Bill 5 (83rd Texas Legislature, 2013)?

A: TEC §39.363 directs the Agency to post the following by October 1 of each year (beginning in 2014):

  • the performance rating assigned to each district and campus;
  • each distinction designation awarded;
  • the performance ratings assigned by districts for performance in community and student engagement; and
  • the financial accountability rating assigned to each district.

Q: I was looking for information about School District Evaluation of Performance in Community and Student Engagement which was mandated in House Bill 5. What guidance can you provide on how each school district will use criteria developed by a local committee?

A: The provisions in TEC §39.0545 of House Bill 5 require school districts to evaluate their district and each of their campuses for community and student engagement and assign a rating.

Districts must assign a performance rating of exemplary, recognized, acceptable, or unacceptable to each campus, based on locally-determined criteria. The criteria are to be developed by a local committee. Statute does not permit the Agency to determine the criteria that can be used for these evaluations.

Districts will submit these locally-assigned ratings through PEIMS during submission 3. Information on this new data collection is available in the 2013-14 PEIMS Data Standards (select record 010 for districts, record 020 for campuses). The locally-assigned ratings will be posted on the TEA website by the first of October.

A new Commissioner Rule has been adopted for this requirement. See Texas Administrative Code 61.1023 for more information.

Q: When are districts required to report the performance ratings for community and student engagement?

A: The community and student engagement ratings must be submitted to the Agency by August 8, 2014 and made available publicly by the district.


 
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