19 TAC §61.1017
The Texas Education Agency (TEA) proposes new §61.1017,
concerning optional flexible year programs for school districts. The proposed
new section replaces an earlier version that was filed as proposed in the
March 4, 2005, issue of the
Texas Register
(30
TexReg 1215), which has been withdrawn. Like the earlier version, new §61.1017
would establish specifications for the administration of the Optional Flexible
Year Program in accordance with Texas Education Code (TEC), §29.0821,
as added by Senate Bill 346, 78th Texas Legislature, 2003. Additional language
is proposed regarding the need for local board of trustee approval. Language
requiring districts to obtain approval from the campus site-based decision-making
committee is also proposed in response to comments received during the original
publication period.
Senate Bill 346, 78th Texas Legislature, 2003, added TEC, §29.0821,
authorizing the Optional Flexible Year Program. The Optional Flexible Year
Program provides districts with flexibility in designing the instructional
program for students who did not or are not likely to perform successfully
on state assessments administered under TEC, §39.023, or who would not
otherwise be promoted to the next grade level. The instructional calendar
for students who fall into these risk categories must provide for no fewer
than 180 days. Districts may request a reduction in the required days of attendance
for students who do not fall into these risk categories in order to provide
intensive instructional services to those students with greater educational
needs. The instructional calendar for students who do not fall into these
risk categories may be reduced, but not below 170 days. Districts who wish
to use this option are required to seek prior approval from the commissioner
to modify the instructional calendar.
The commissioner of education may adopt rules for the administration of
the program. Like the earlier version, the proposed new 19 TAC §61.1017,
Optional Flexible Year Program, would establish general provisions, define
eligibility, specify program criteria, describe the approval process, and
delineate funding calculations. The new proposal includes additional language
in subsection (d) regarding the required local board approval of the modified
instructional calendar. In addition, new language has been included in subsection
(d) requiring districts to obtain approval to waive staff development days
from the campus site-based decision-making committee.
During the public comment period of the withdrawn proposal, a representative
of the Texas Classroom Teachers Association (TCTA) noted that current state
law requires the campus site-based decision-making committee to approve any
staff development at a campus. TCTA believes that allowing the district to
request a waiver of these days without the approval of the majority of teachers
would circumvent the intent of current law. TCTA suggested that rule language
be amended to require the approval of a majority of teacher employees who
would be affected by the waiver request. The agency agrees in part and has
incorporated this suggestion in subsection (d)(1) of the new proposal. Language
in the TEC, §29.0821, does not address questions of approval to request
the waiver within the district. However, given the statutory requirement that
the campus site-based decision-making committee approve any staff development
at a campus, the agency agrees that the committee should be involved in a
decision to request a waiver. The agency does not concur that this requires
a majority vote of the teacher employees involved, but rather the approval
of the site-based decision-making committee. The agency has included additional
language in the new proposal specifying the need for approval from the site-based
decision-making committee before a waiver request is submitted to the TEA
for approval.
Districts will be required to seek prior approval for the modification
of their instructional calendar by submitting a written request to the TEA
State Funding Division. No specific application form will be required. Districts
should be prepared to provide evaluations or other evidence regarding the
effectiveness of their approach, if requested.
Joe Wisnoski, deputy associate commissioner for school finance and fiscal
analysis, has determined that for the first five-year period the new section
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. Wisnoski has determined that for each year of the first five years
the new section is in effect the public benefit anticipated as a result of
enforcing the section will be providing districts with the flexibility to
reduce instructional days for students who are performing satisfactorily and
the opportunity to provide targeted instruction to students who have greater
educational needs. There will be no effect on small businesses. There is no
anticipated economic cost to persons who are required to comply with the new
section.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination Division, Texas Education Agency, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted
electronically to
rules@tea.state.tx.us
or
faxed to (512) 463-0028. All requests for a public hearing on the proposed
new section submitted under the Administrative Procedure Act must be received
by the commissioner of education not more than 15 calendar days after notice
of the proposal has been published in the
Texas Register
.
The new section is proposed under the Texas Education Code, §29.0821,
which authorizes the commissioner of education to adopt rules for the administration
of optional flexible year programs.
The new section implements the Texas Education Code, §29.0821.
§61.1017.Optional Flexible Year Program.
(a)
General provisions. In accordance with Texas Education
Code (TEC), §29.0821, a school district may modify their instructional
calendar to provide a flexible year program to meet the educational needs
of its students, including providing intensive instructional services. A school
district approved by the commissioner of education to implement an Optional
Flexible Year Program (OFYP) may reduce the number of instructional days for
certain students.
(b)
Eligibility. A student is eligible to participate in the
OFYP if the student meets one or more of the following criteria.
(1)
The student did not or is not likely to achieve a passing
score on an assessment instrument administered under TEC, §39.023.
(2)
The student is not eligible for promotion to the next grade
level.
(c)
Program criteria.
(1)
A school district may reduce the number of instructional
days during the regular school year for students who are not eligible for
participation in this program to no fewer than 170 days.
(2)
A school district must provide at least 180 days of instruction
to those students who meet the eligibility criteria defined in subsection
(b) of this section.
(3)
A school district may request waivers for no more than
five days of staff development or teacher preparation in order to provide
additional days of instruction.
(4)
A school district that provides transportation services
must continue to provide these services during the OFYP.
(5)
A school district that participates in the National School
Lunch Program or the National School Breakfast Program must continue to provide
these services during the OFYP.
(6)
A school district may require educational support personnel
to provide service as necessary for an OFYP.
(7)
Each educator employed under a ten-month contract must
provide the minimum days of service required under TEC, §21.401, notwithstanding
the reduction in the number of instructional days or in the number of staff
development days.
(d)
Approval process. To implement an OFYP, a school district
must request prior approval from the commissioner of education.
(1)
A school district must submit a letter to the Texas Education
Agency division responsible for state funding describing the proposed modifications
to the instructional calendar, including a description of the OFYP that will
be provided under TEC, §29.0821. The letter must indicate the date on
which the board of trustees approved the modified instructional calendar.
If the district is requesting a waiver of staff development days, the letter
must also indicate that the request to waive staff development days has been
approved by the campus site-based decision-making committee. The letter must
be submitted no later than 90 days prior to the first day of the proposed
instructional calendar in which the district is requesting to implement the
OFYP.
(2)
Approval to modify the number of instructional days is
limited to one year. Extensions may be approved by submitting subsequent applications.
(3)
No approval will be granted that reduces the number of
instructional days to fewer than 170 days.
(4)
The commissioner may require a school district to provide
an evaluation that demonstrates the success of their approach as a condition
of approval.
(e)
Funding. For a school district that operates an OFYP, the
calculation of average daily attendance is modified to reflect the approved
instructional calendar. For students placed on a reduced instructional calendar,
the reported number of days of instruction used as the divisor in calculating
average daily attendance shall reflect the reduced number of days (no fewer
than 170). For eligible students served through the OFYP, the reported number
of days of instruction used as the divisor in calculating average daily attendance
shall reflect the scheduled number of days (180 or more) in which instruction
took place.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 11, 2005.
TRD-200502816
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: August 21, 2005
For further information, please call: (512) 475-1497