Regional and District Level Report A Report to the 81st Texas Legislature from the Texas Education Agency Submitted to the Governor, Lieutenant Governor, Speaker of the House, and Members of the Eighty-first Texas Legislature This Texas Education Agency publication is not copyrighted. Any or all sections may be duplicated. 1 December 1, 2008 The Honorable Rick Perry, Governor of Texas The Honorable David Dewhurst, Lieutenant Governor of Texas The Honorable Tom Craddick, Speaker of the House Members of the 81st Texas Legislature I am pleased to provide to the 81st Texas Legislature the Regional and District Level Report which was prepared in response to Section 39.183 of the Texas Education Code. This report contains a summary of exceptions to the maximum class-size requirements, a summary of the exemptions and waivers granted to school districts under Section 7.056 and Section 39.112, a summary of services offered by regional education service centers, an evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs, and the number of classes at each campus that are taught by individuals who are not certified in the content areas of their respective classes. This report is now transmitted to you as required by state law. Respectfully submitted, Robert Scott Commissioner of Education 2 Contents Introduction……………………………………………………………………………….. Maximum Class Size Exceptions…………………………………………………………. Waivers and Exemptions………………………………………………………………….. Regional Education Service Centers………………………………………………………………….. Accelerated Instruction Programs Content Area Certification 3 Introduction The following report is prepared by the Texas Education Agency in response to Section 39.183 of the Texas Education Code. This report contains the five sections identified below. Section I. Class Size Limitations—a summary of school district compliance with the class size limitations prescribed by Section 25.112, including the number of districts granted an exception from these limitations. Section II. Waivers and Exemptions—a summary of the exemptions and waivers granted to school districts under Section 7.056 or Section 39.112 and a review of the effectiveness of the campus or district following deregulation. Section III. Regional Education Service Center Services—a summary of the services offered by regional education service centers with an evaluation of the effectiveness of those services. Section IV. Evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs. Section V. The number of classes at each campus that are taught by individuals who are not certified in the content areas of their respective classes. This report provides summary information with analysis, as specified in statute. The detailed information upon which the summary reports were prepared is available from the Texas Education Agency upon request. Agency Contact Persons For information on class size limitations and general state waivers, Philip M. Cochran, Director for Regional Services, (512) 463-9371. For information on regional education service centers, Philip M. Cochran, Director for Regional Services, (512) 463-9371. For information on Ed-Flex waivers, Cory Green, Director for NCLB Program Coordination, (512) 463-9374. For information on Accelerated Reading Instruction, Anita Givens, Deputy Associate Commissioner, Standards and Alignment, (512) 463-9483. For information on Teacher Certification, Jerel Booker, Associate Commissioner, Educator Quality and Standards, (512) 463-3452. Other Sources of Information For a list of general state waivers granted by the commissioner of education, see the waiver report on the website for the Texas Education Agency at www.tea.state.tx.us/waivers/granted.html. For additional information on class size waivers, general state waivers, and federal Ed-Flex waivers, see the agency’s home page at www.tea.state.tx.us. For information relating to regional education service centers and links to each ESC’s website, see the agency’s home page at www.tea.state.tx.us. 4 SECTION I: CLASS SIZE LIMITATIONS A statutory limitation applicable to the size of classes in certain elementary grades was adopted in H.B. 72 by the Texas Legislature in 1984. In a phase-in approach written into the law, the limit of 22 students to one (22:1) teacher applied in the 1985-1986 school year through the 1987-1988 school year to kindergarten through grade 2 only. The law extended this limitation to kindergarten through grade 4 beginning with the 1988-1989 school year. Today, it is generally recognized that smaller class size in elementary grades positively affects student achievement. Smaller class size may have contributed to the educational gains in Texas public schools. Most school districts in Texas comply with the class size limitations. Because of the continuing growth of the state’s student population and its mobility, temporary exceptions from the application of the limitation are still needed by some districts, usually for only a few of their classes. (NOTE: Although statute employs the term "exception," the public is more familiar with the term "waiver." Therefore, "waiver" is used in this report.) The commissioner of education may grant class size waivers only in cases of undue hardship. Waivers are granted under the following criteria: (1) a district is unable to employ qualified teachers; (2) a district is unable to provide educational facilities; or (3) a district which has budgeted for a class size ratio of 22:1 (TEC 25.112) in kindergarten through grade 4 but has a campus (or campuses) with enrollment increases or shifts that result in exceeding this limit by only one or two students in only one section at any grade level on any campus. By law, a class size waiver may be granted for only one semester at a time. The following table shows the number of class size waivers granted for districts as well as the number of campuses and sections covered each semester from 1993-1994 to 2007-2008. 5 Class Size Waivers - Granted by the Texas Education Agency Districts, Campuses, and Sections 1993-94 through 2007-2008 School Year 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Districts 92 93 88 101 86 81 133 168 148 149 147 149 141 127 Campuses * * 591 621 447 466 430 461 577 696 702 742 511 507 SECTIONS K * * 370 381 482 456 508 440 527 702 648 650 475 443 1 * * 379 394 508 498 576 490 559 698 694 681 514 468 2 * * 341 344 404 439 433 421 468 588 645 672 502 467 3 * * 370 436 426 433 381 390 457 552 702 664 515 456 4 * * 484 510 513 566 566 503 447 618 646 645 499 484 School Year 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Districts 101 100 101 93 95 98 118 84 119 115 129 114 89 85 101 78 Campuses 512 522 502 495 425 486 465 441 483 505 281 456 360 244 357 375 SECTIONS K *487 427 494 459 435 400 349 301 369 414 184 389 250 138 290 272 1 530 492 574 439 363 315 383 287 313 281 139 364 273 117 246 281 2 501 476 471 431 248 261 296 271 270 309 112 268 226 108 206 256 3 536 530 554 460 307 334 289 248 236 271 105 266 237 123 213 259 4 624 701 633 492 370 443 376 325 294 315 126 289 257 107 218 246 *Data unavailable 6 Texas Education Code, Section 39.112, Excellence Exemptions; authorizes the commissioner of education to exempt an exemplary school campus from elementary class size limits under certain conditions. The district must submit to the commissioner a written plan showing steps that the campus will take to ensure that the exemption from the class size limits will not be harmful to the academic achievement of the students enrolled in the campus. CLASS SIZE WAIVERS PERFORMANCE 2004-2005 2005-2006 2006-2007 2007-2008 RATINGS School Year School Yea r School Year School Year Number Percentage Number Percentage Number Percentage Number Percentage ELEMENTARY CAMPUS RATINGS STATEWIDE Exemplary 270 6.8% 492 12.2% 555 13.6% 849 20.3% Recognized 1,146 36.4% 2,060 51.2% 1664 40.7% 2151 51.4% Academically Acceptable 2,164 54.5% 1,399 34.8% 1757 43.0% 1124 26.8% Academically Unacceptable** 92 2.3% 70 1.7% 115 2.8% 63 1.5% CAMPUSES NOT COVERED BY CLASS SIZE WAIVERS Exemplary 269 6.8% 488 12.5% 502 14.0% 799 21.6% Recognized 1,441 36.6% 2,042 52.3% 1444 40.1% 1960 53.0% Academically Acceptable 2,148 54.5% 1,313 33.6% 1536 42.7% 880 23.8% Academically Unacceptable** 83 2.1% 63 1.6% 115 3.2% 59 1.6% CAMPUSES COVERED BY CLASS SIZE WAIVERS Exemplary 59 9.0% 35 5.9% 53 10.7% 50 10.2% Recognized 247 37.5% 197 33.2% 220 44.5% 191 39.1% Academically Acceptable 345 52.4% 357 60.1% 221 44.7% 244 49.9% Academically Unacceptable** 7 1.1% 5 0.8% 0 0.0% 4 0.8% The campus performance rating is a consideration for the approval of Class Size waivers. **All campuses covered by the waiver are expected to have an accountability rating that is at least acceptable if the waiver request is due to shortages of facilities and/or teachers. Unanticipated enrollment growth may only be cited as the reason for the waiver request if no more than one section per grade level at a campus has more than 22 students.