TITLE 19.EDUCATION

Subchapter B. DEVELOPMENT AND ADMINISTRATION OF TESTS

The State Board of Education (SBOE) proposes an amendment to §101.25, concerning student assessment. Section 101.25 addresses scheduling the administration of tests. The proposed amendment would prohibit participation in University Interscholastic League (UIL) activities during the primary administration of statewide assessments.

Senate Bill 658 passed by the 79th Texas Legislature, 2005, added Texas Education Code (TEC), §33.0812, which requires the SBOE by rule to prohibit participation in a UIL area, regional, or state competition during the school week in which the primary administration of assessment instruments under TEC, §39.023(a), (c), or (l) occurs. Currently, 19 TAC §101.25 establishes provisions relating to scheduling and administering tests. The proposed amendment to 19 TAC §101.25 would add subsection (d) relating to prohibition of participation in UIL activities to comply with this legislation.

Senate Bill 658 also requires the commissioner of education to adopt rules to provide the UIL with a periodic calendar of dates reserved for testing for their planning purposes. The commissioner will adopt rules to provide this periodic calendar of dates at least every three years on or before May 1 of the year preceding the three-year cycle. The commissioner will also, as required by this legislation, adopt rules to determine the school week during the school year in which the primary administration of assessment instruments will occur; establish procedures for changing, in exceptional circumstances, testing dates reserved under the testing calendar; and establish criteria for determining whether a UIL competition must be canceled if the event conflicts with a changed testing date. To implement this legislation, the commissioner has proposed new rules in 19 TAC Chapter 101, Assessment, Subchapter EE, Commissioner's Rules Concerning the Statewide Testing Calendar and UIL Participation. The proposal was published in the February 3, 2006, issue of the Texas Register (31 TexReg 633).

Susan Barnes, associate commissioner for standards and programs, has determined that for the first five- year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.

Dr. Barnes has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment would be to eliminate scheduling conflicts between UIL events and the primary administration of statewide assessments. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment.

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 amendment 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 amendment is proposed under the Texas Education Code, §38.0812, which requires the SBOE by rule to prohibit participation in a UIL area, regional, or state competition during the school week in which the primary administration of assessment instruments occurs.

The amendment implements the Texas Education Code, §38.0812.

§101.25.Schedule.

(a) The commissioner of education shall specify the schedule for testing and field testing that supports reliable and valid assessments.

(b) The superintendent of each school district or chief administrative officer of each charter school and any private school administering the tests as allowed under the Texas Education Code (TEC), §39.033, shall be responsible for administering tests.

(c) The commissioner of education may provide alternate dates for the administration of tests required for a high school diploma to students who are migratory children, as defined in the TEC, §39.029, and who are out of the state.

(d) Participation in University Interscholastic League area, regional, or state competitions is prohibited on any days on which testing is scheduled between Monday and Thursday of the school week in which the primary administration of assessment instruments under TEC, §39.023(a), (c), or (l) occurs.

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 24, 2006.

TRD-200600979

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: April 9, 2006

For further information, please call: (512) 475-1497

Chapter 102. EDUCATIONAL PROGRAMS

Subchapter A. GRANTS

19 TAC §102.1

The State Board of Education (SBOE) proposes new §102.1, concerning the State Engineering and Science Recruitment Fund (SENSR) grant program. The proposed new section would establish provisions for the SENSR grant program relating to administration, allocation, application, use and audit of funds, and evaluation. Texas Education Code (TEC), §51.603 and §51.605, authorizes the SBOE to adopt rules establishing procedures by which an entity must apply for funding and account for any funds received. The TEC also requires the commissioner of education to administer and allocate the fund in accordance with SBOE rules.

The State Engineering and Science Recruitment Fund was created by the 70th Texas Legislature, 1987, through the TEC, Title 3, Higher Education, Chapter 51, Provisions Generally Applicable to Higher Education, Subchapter M, Engineering and Science Recruitment Fund. The SENSR grant has been administered by the Texas Education Agency (TEA), in collaboration with the Texas Higher Education Coordinating Board, through a request for application (RFA) for several years. Statute requires the SBOE to adopt rules for administration of the grant.

The proposed action would establish SBOE rule for procedures by which an entity must apply for funding and account for any funds received. The proposed new rule would establish provisions relating to administration, allocation, application, use and audit of funds, and evaluation. The proposed new rule would reflect the process that has been used to administer the SENSR grant program.

Susan Barnes, associate commissioner for standards and programs, 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 new section. The new rule formalizes a process that has been in place for several years.

Dr. Barnes 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 new section would be the clarification of the guidelines for awarding the SENSR grant. 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, §51.603, which authorizes the SBOE to adopt rules for the administration of the engineering and science recruitment fund and the TEC, §51.605, which authorizes the SBOE to adopt rules establishing procedures by which an entity must apply for funding and account for any funds received. The TEC also requires the commissioner of education to administer and allocate the fund in accordance with SBOE rules.

The new section implements the Texas Education Code, §§51.601-51.606, and 51.608.

§102.1.State Engineering and Science Recruitment Fund (SENSR) Grant Program.

(a) Purpose. In accordance with the Texas Education Code (TEC), Chapter 51, Subchapter M, the purpose of the State Engineering and Science Recruitment Fund (SENSR) grant program is to support the recruitment of women and minorities into engineering and science programs. The SENSR grant fund also provides assistance in preparing women and minorities for, or participating in, programs leading to an undergraduate degree in engineering or science from a university or college.

(b) Administration. The SENSR fund shall be administered by the commissioner of education as provided by the TEC, §51.603.

(c) Application. In order to participate in the SENSR program, eligible entities must submit an application in a format prescribed by the commissioner of education and by a date set by the commissioner in the application. The application must provide for an eligible entity to:

(1) demonstrate compliance with the criteria established in the TEC, §51.606(a);

(2) estimate the number of initial student participants;

(3) describe the organization's current or proposed methodology for maintaining records for tracking student progress between one project and another;

(4) describe how the projects interact with each other in moving female and/or underrepresented minority group students along a continuum of programs and into the disciplines in science, engineering, or mathematics related to science and engineering in institutions of higher education;

(5) describe techniques for sharing information about program experience, exemplary practices, etc., among the organization's various programs; and

(6) describe how the organization ensures that minority higher education institutions and community colleges are involved in the programs and how concentrations of disadvantaged youth may also be served.

(d) Allocation. As required in the TEC, §51.605, the SENSR fund shall be allocated by the commissioner of education in proportion to the percentage of women and underrepresented minority group students participating in eligible programs.

(1) For any program, funds provided may not exceed an amount designated by the commissioner of education or 50% of the contributions received by the program in the preceding fiscal year, whichever is less.

(2) Project funding for a subsequent year will be based on satisfactory progress of the previous year's objectives and activities and on general budget approval by the commissioner of education and the state legislature.

(3) Funds shall be allocated to programs that ensure compliance with criteria established in the TEC, §51.605(a).

(e) Use of funds. Funds may be requested only for those items that are reasonable and necessary for accomplishing the objectives of the program as defined in the program application. Funds granted through this project must be used for those purposes described in the application. Grant recipients may elect to use additional resources and other sources of financial support to help maximize the effectiveness of the project goals and objectives.

(f) Audit of funds. The Texas Education Agency may audit, disallow, and recover funds. A decision to award, audit, disallow, or recover funds by the commissioner or commissioner's designee is final.

(g) Evaluation. As part of its annual evaluation, required in the TEC, §51.608, each grant recipient must provide the following information in the format designated by the commissioner of education:

(1) data related to the recruitment efforts;

(2) the total number of students who actually participated in the program; and

(3) a final report on the use of funds and activities conducted, as well as information related to the achievement of the stated objectives.

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 24, 2006.

TRD-200600980

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: April 9, 2006

For further information, please call: (512) 475-1497