Texas Splits 65% Rule into Two Parts

Almost a year after the Governor issued his Executive Order mandating the adoption of the 65% rule, the Texas Education Agency released its final version of the rule which became effective August 13, 2006. 

The Texas State Teachers Association (TSTA) reported that the rule was merged into the state's Financial Accountability Rating System and became two indicators in the final version of the rule. They are 2 of 27 indicators and account for 6 of 100 points. Technically, if a district "scores" sufficient points on other indicators, it could ignore the 65% requirements without penalty.

The current version of the 65% rule creates two indicators.  The first indicator uses only the National Center for Educational Statistics (NCES) definition that excludes nurses, counselors and other important instructional support services and phases it in over the next three years beginning with a target of 55% in the 2006-2007 school year. 

School districts can choose to post their check registers excluding personnel costs on their Web sites instead of meeting this requirement.

A new indicator was created that uses the NCES definition plus the cost of librarians, counselors, and nurses.  That indicator must equal or exceed 65% this year and there is no phase in. 

Both indicators are part of the larger Financial Accountability Rating Systems and the points gained or lost for the indicators are included in the overall calculation of each district's score.

TSTA Public Affairs Director Richard Kouri said when the rule was initially released that it appeared to be "insignificant," though TSTA continues to oppose it as "bad public policy."

While the final version is an improvement over the original, TSTA has objected to the adoption of this rule since it was proposed by the Governor.  TSTA's position on the concept and more information on the Texas version of the 65% Deception is posted here on its Web site . 

You can read the complete rule on the Texas Education Agency Web site. 

August 2006