The Texas Education Agency (TEA) released the final language for the “65% solution” rule at the end of July.  The final rule becomes effective August 13, 2006. For background information, see Texline issues 199, 200, 202, 203, and 204 at http://www.txla.org/pubs/texline/index.html.

The final rule differs from the posted rule in several ways. Most notably for librarians, the indicator which included librarians (and not nurses and counselors) in the definition of instructional costs was divided into two separate indicators which school districts must meet.

One indicator (Indicator 13) removes librarians/libraries and eligible costs and reverts back to the National Center for Education Statistics (which does not cover Function Code 12—i.e., librarians). The impact of this indicator was lowered from a total of five points to three and will be phased in over three years, with the first benchmark set at 55% (2006-2007)of costs attributable to instructional expenditures (as defined above). The standard will then be set for 60% in 2007-2008 and 65% in 2008-2009.

The other indicator (Indicator 14) includes librarians, counselors, and nurses (Function Codes 11, 12, 31, 33, 36, 93, and 95) and is also worth three points on the ratings system. This indicator goes into effect immediately and will not be implemented over three years. In other words, districts will also be rated on their instructional expenditures including librarians, counselors, and nurses.

Impact

The new rule improves somewhat the rating system for districts as a whole in terms of providing greater flexibility. However, the new language (prompted by testimony at the hearing on the need to include other groups besides librarians in the definition) reverts back to the federal definition.

Given the discussion at the end of the last Special Session of the 79th Legislature, there is strong legislative interest in eliminating the impact of the rule completely.  TLA maintains that any definition of instruction that does not include school library programs and librarians is incomplete. The likelihood of additional school reform legislation in the upcoming session will offer an opportunity for the education community to continue addressing this issue. 

To view the full rule, go to: http://www.tea.state.tx.us/rules/home/coeadopt.html.

Go to Adopted Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating System.