Part 2. TEXAS EDUCATION AGENCY
Chapter 102. EDUCATIONAL PROGRAMS
Subchapter EE. COMMISSIONER'S RULES CONCERNING PILOT PROGRAMS
The Texas Education Agency (TEA) proposes new §102.1053, concerning service providers for the mathematics instructional coaches pilot program. The proposed new section would implement a requirement of the Texas Education Code (TEC), §21.4541, as added by House Bill 2237, 80th Texas Legislature, 2007, which requires the commissioner by rule to establish and implement a mathematics instructional coaches pilot program, including the approval of service providers.
Recognizing that far too many students in Texas middle, junior high, and high schools fail to meet state standards in the area of mathematics, the Texas Legislature provided legislation aimed at addressing this critical achievement issue. House Bill 2237, 80th Texas Legislature, 2007, added the TEC, §21.4541, establishing a pilot program under which participating school districts and campuses receive grants to provide assistance in developing the content knowledge and instructional expertise of mathematics teachers at the middle school, junior high school, or high school level. The legislation requires that the commissioner establish the pilot program and adopt rules for its implementation.
The proposed new 19 TAC Chapter 102, Subchapter EE, §102.1053, would begin implementation of the TEC, §21.4541, by establishing provisions relating to service providers approved to participate in the Mathematics Instructional Coaches Pilot Program. The proposed new rule would establish applicable definitions and specify criteria, guidelines, and procedures by which service providers will be identified and approved, including factors for continued participation of approved service providers. Service providers participating in the pilot program would be required to adhere to all procedural, reporting, and evaluation requirements established in rule and outlined in program requirements and assurances.
The TEA is currently gathering stakeholder input on the development of a rule proposal to address provisions relating to school district participation in the Mathematics Instructional Coaches Pilot Program and will propose such rule action after the development is complete. Future funding for the Mathematics Instructional Coaches Pilot Program is contingent on appropriations made by the legislature for that purpose.
Barbara Knaggs, associate commissioner for state initiatives, 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.
Ms. Knaggs 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 identification of service providers approved to participate in the pilot program to improve content area knowledge and instructional skills of secondary-level mathematics teachers. Improved preparation of Texas secondary teachers would translate into increased learning and performance of students enrolled in Texas secondary schools. 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.
The public comment period on the proposal begins January 4, 2008, and ends February 3, 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 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, §21.4541, which requires the commissioner by rule to establish and implement a mathematics instructional coaches pilot program, including the approval of service providers.
The new section implements the Texas Education Code, §21.4541.
§102.1053.Mathematics Instructional Coaches Pilot Program Service Providers.
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Mathematics Instructional Coaches Pilot Program--A pilot program authorized by the Texas Education Code (TEC), §21.4541, under which participating school districts and campuses receive grants to provide assistance in developing the content knowledge and instructional expertise of teachers who instruct students in mathematics at the middle school, junior high school, or high school level.
(2) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.
(b) Conditions of operation. Each school district participating in the Mathematics Instructional Coaches Pilot Program must select a service provider to provide intensive instructional coaching and professional development from the list of eligible providers approved by the commissioner in accordance with subsection (c) of this section.
(c) Approved service providers.
(1) Eligible service providers. In addition to the entities described in the TEC, §21.4541(c), school districts and county departments of education are eligible to apply for approval.
(2) Identification and selection. In accordance with the TEC, §21.4541(c) and (d), the Texas Education Agency (TEA) will identify and select approved service providers through a request for qualifications (RFQ) process. Failure to adhere to established RFQ requirements and assurances will result in nonselection as a service provider.
(3) Renewal application. Each approved service provider must submit a separate renewal application every two years in order to maintain eligibility to participate in the Mathematics Instructional Coaches Pilot Program as an approved service provider.
(4) Continuation contingencies. Continuation as an approved service provider will be contingent upon the quantity and quality of services provided, as determined by the commissioner, in part by, but not limited to, progress related to the following:
(A) number of districts, campuses, and students served;
(B) number and frequency of professional development, coaching interventions, and other instructional and technical assistance services provided;
(C) student improvement in knowledge and skills as measured by standardized assessments, benchmark data, and other measurements deemed appropriate by the commissioner; and
(D) other performance measures determined by the commissioner.
(5) Renewal or revocation.
(A) The commissioner may deny renewal of or revoke participation in the Mathematics Instructional Coaches Pilot Program for a service provider based on the following factors:
(i) noncompliance with requirements and assurances outlined in the RFQ and/or the provisions of this section and the TEC, §21.4541;
(ii) lack of program success as evidenced by required progress reports and program data;
(iii) failure to meet performance standards specified in the RFQ;
(iv) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the service provider and the pilot program; or
(v) refusal to serve participants in the Mathematics Instructional Coaches Pilot Program.
(B) A decision by the commissioner to deny renewal or revoke approval of a service provider is final and may not be appealed.
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 December 21, 2007.
TRD-200706622
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: February 3, 2008
For further information, please call: (512) 475-1497