Part 2. TEXAS EDUCATION AGENCY
Chapter 105. FOUNDATION SCHOOL PROGRAM
Subchapter AA. COMMISSIONER'S RULES CONCERNING OPTIONAL EXTENDED YEAR PROGRAM
The Texas Education Agency (TEA) proposes an amendment to §105.1001, concerning the optional extended year program. Section 105.1001 establishes provisions relating to the administration of the optional extended year program. The proposed amendment would update agency administration of the program and provide minor technical corrections to enhance the understanding of the rule for school districts.
Texas Education Code (TEC), §29.082, Optional Extended Year Program, was added in 1995 by the 74th Texas Legislature and amended in 1997 and 2003 by the 75th and 78th Texas legislatures, respectively. TEC, §29.082, allows the commissioner of education to adopt rules for the administration of programs provided under this section. In accordance with the TEC, §29.082, a school district may apply to the TEA for funding of an extended year program for a period not to exceed 30 instructional days for students in Kindergarten-Grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year or for students in Grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year. The commissioner exercised rulemaking authority to adopt 19 TAC §105.1001, Optional Extended Year Program, to be effective December 1, 1997, and has amended the rule twice to reflect changes to statute and agency administration of the program. The proposed amendment presented at this time would revise the maximum entitlement requirements to increase the amount per-student allocation and would add, revise, or delete text to reflect minor technical corrections, as follows.
New subsections (b) and (c) would be added to clarify the definition of the Optional Extended Year Program and student eligibility requirements. Subsequent subsections would be re-lettered accordingly.
Re-lettered subsection (d)(2) would be modified to reflect the change to the maximum entitlement requirement to serve at least 5.0% of the at-risk population in Kindergarten-Grade 12 rather than 10%. This change in the at-risk requirement would encourage more school districts to apply for funding and will increase the amount per-student funding allocation for school districts statewide.
Re-lettered subsection (d)(4) would be modified to remove the 50% or more economically disadvantaged reallocation formula thus allowing all funded school districts the opportunity to equally receive reallocation funds as available.
Existing subsections (f) and (i) would be deleted because those provisions would be addressed in new subsections (b) and (c), respectively. Existing subsections (g) and (j) would be deleted, as these items are no longer necessary requirements for the program, based on feedback from participating districts.
Re-lettered subsection (i) would be revised to provide clarification regarding the required teacher training for the program.
Re-lettered subsection (j) would be modified to clarify requirements for a tutorial program. A technical edit would be made in re-lettered subsection (k).
Barbara Knaggs, associate commissioner for state initiatives, has determined that for the first five-year period the amendment is in effect there will be no additional costs for state or local government as a result of enforcing or administering the amendment. The proposal would, however, have positive fiscal implications for school districts. The proposed amendment will assist school districts to have quality extended year programs to serve at-risk students and attain lower retention rates by increasing the available amount of funding per student. The required number of students to serve will be reduced from 10% to 5.0%, which will result in a per-student funding allocation increase with the Optional Extended Year Program Grant opportunity. Currently, on average, 46% of funded school districts have difficulty in serving the required 10%. These districts are then required to pay back the TEA for those students not served. Six percent, on average, decide not to claim the funding awarded to them. This results in a yearly average of $1,650,000 in unused funds that have to be returned to the Foundation School Program. There will be a positive impact on school districts, as the redistribution of funding requirements will result in a greater per-student allocation amount that will allow districts to provide a more in-depth quality program to serve students. Eligible school districts that were not previously participating may choose to apply for and use state funding for extended year programs.
Ms. Knaggs 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 a higher per-student allocation amount to school districts to better serve and provide quality programs to at-risk populations in Kindergarten-Grade 12 participating in the Optional Extended Year Program. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.
There is no projected economic impact to small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal begins April 11, 2008, and ends May 11, 2008. 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 proposal 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 on April 11, 2008.
The amendment is proposed under the Texas Education Code, §29.082, which authorizes the commissioner of education to adopt rules for the administration of optional extended year programs.
The amendment implements the Texas Education Code, §29.082.
§105.1001.Optional Extended Year Program.
(a) Each school district seeking funding for an optional extended year program under the Texas Education Code, §29.082, must submit an application in a format prescribed by the commissioner of education. Once funded, the program shall comply with the provisions of the Texas Education Code, §29.082.
(b) An optional extended year program may extend the day, the week, or the year to provide additional support and instruction for eligible students. The program shall be conducted beyond the required instructional days, which may include intercessions for year-round programs.
(c) A student is eligible for services in accordance with the Texas Education Code, §29.082(a)(1) - (2). A student who does not demonstrate proficiency in a subject area as determined by the district is also eligible for services.
(d) [(b)] School districts shall
be funded annually based on the most recent district data available
to the Texas Education Agency through the Public Education Information
Management System (PEIMS). Funding shall be based on the following:
(1) Eligibility. School districts in which at least 40% of the students in Kindergarten through Grade 12 are from economically disadvantaged families will be eligible for funding.
(2) Maximum entitlement. Funding for an eligible school
district under this section shall be based on the amount necessary
to provide extended year instructional services to
at least 5.0% [10%
] of the at-risk student population in Kindergarten through Grade 12.
(3) Per capita amount. The per capita amount will be determined by dividing the total program allocation by the sum of the maximum entitlement populations in Kindergarten through Grade 12 in eligible school districts.
(4) Reallocation. Program funds not requested by eligible
school districts will be reallocated to school districts
identified in paragraph (1) of this subsection that requested funding.
[with 50% or more economically disadvantaged students.]
(e) [(c)] At a minimum, school
districts will be required to provide services to the number of students
identified on the school district's entitlement notice used for funding.
School districts that have fewer students participating in the optional
extended year program than identified for calculating the school district's
maximum entitlement (including reallocation, if applicable) will have
their entitlement reduced on a per-capita basis.
(f) [(d)] A school district
receiving funds under the Texas Education Code, §29.082, that
is also receiving funds for an optional extended year program for
students in Kindergarten through Grade 12 under the Option 4 wealth
equalization agreement authorized under the Texas Education Code,
Chapter 41, must adjust its Option 4 equalization agreement. The district
must adjust the agreement to redirect the use of funds to a qualifying
activity other than an optional extended year program for students
in Kindergarten through Grade 12 to the extent necessary to avoid
duplicate funding of optional extended year programs.
(g) [(e)] A school district
receiving funds for the accelerated reading instruction program authorized
under the Texas Education Code, §28.006(g), is eligible to use
funds authorized under the Texas Education Code, §29.082, to
serve students in Kindergarten through Grade 2. Each optional extended
year program must have auditable funding documentation linking direct
service expenditures and optional extended year program funds used
to identify eligible students.
[(f) An optional extended
year program may extend the day, the week, or the year. The program
shall be conducted beyond the required instructional days which may
include intercessions for year-round programs.]
[(g) A school district
may use funds under this section for follow-up activities so long
as the optional extended year program is provided for no less than
30 instructional days. Follow-up activities provided by this subsection
are restricted to participants of the program.]
(h) All costs under the optional extended year program must be necessary and reasonable for carrying out the objectives of the program and for the proper and efficient performance and administration of the program.
[(i) Students who do not
meet district standards or policies for promotion on the basis of
academic achievement or demonstrated proficiency of the subject matter
of the course or grade level shall be eligible for services under
the optional extended year program.]
[(j) A school district
must include a parent/family awareness component in the program.]
(i) [(k)] Teacher training [
Training] required under the
Texas Education Code, §29.082(d), shall
address the provisions set forth in this subsection. [
provide teachers with the knowledge and skills needed to help students
in the program meet challenging state content and student performance
standards.] Training is to occur prior to the implementation
of the program. Additional training [professional
development] may be provided throughout the implementation of
the program. The required training shall provide teachers with
the following:
(1) knowledge and skills needed to help students in the program meet challenging state content and student performance standards; and
(2) innovative instructional practices suitable for accelerating the academic performance of at-risk students.
(j) [(l)] A school district
shall incorporate effective instructional strategies into the design
of the program to ensure students are provided with the skills needed
to be successful in the following school year. An extended day program
must be implemented beyond the regular seven-hour day and may not
include tutorials or extended in-school day-care services. A [
tutorial
] program with the basic design to complete homework is not
an acceptable instructional design for the program. A tutorial program
using pre- and post-testing with each student working on a sequenced
and focused program over time to enable the student to attain greater
academic success is acceptable.
(k) [(m)] A school district
shall submit an annual report evaluating the program in the time and
format required by the commissioner [Agency].
A school district shall also submit, in a manner determined by the
commissioner, a complete list of students who participated in the
program for at least one day.
(l) [(n)] For audit purposes,
a school district shall maintain documentation to support each of
the requirements of this section.
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 March 31, 2008.
TRD-200801682
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: May 11, 2008
For further information, please call: (512) 475-1497