19 TAC §61.1017
The Texas Education Agency (TEA) proposes new §61.1017,
concerning optional flexible year programs for school districts. 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.
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 this program. The proposed 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.
Districts will be required to seek prior approval for the modification
of their instructional calendar by submitting a written request to the Texas
Education Agency 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 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 February 17, 2005.
TRD-200500746
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 3, 2005
For further information, please call: (512) 475-1497