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) adopts an amendment to §105.1001, concerning the optional extended year program. The amendment is adopted without changes to the proposed text as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2886). Section 105.1001 establishes provisions relating to the administration of the optional extended year program. The adopted amendment updates agency administration of the program and provides 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 adopted amendment revises the maximum entitlement requirements to increase the amount per-student allocation and adds, revises, or deletes text to reflect minor technical corrections, as follows.
New subsections (b) and (c) clarify the definition of the Optional Extended Year Program and student eligibility requirements. Subsequent subsections have been re-lettered accordingly.
Re-lettered subsection (d)(2) has been 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 will 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) has been 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) have been deleted because those provisions are addressed in new subsections (b) and (c), respectively. Existing subsections (g) and (j) have been deleted, as these items are no longer necessary requirements for the program, based on feedback from participating districts.
Re-lettered subsection (i) has been revised to provide clarification regarding the required teacher training for the program.
The TEA determined that the adopted amendment will have no direct adverse economic impact for 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 began April 11, 2008, and ended May 11, 2008. Following is a summary of the public comments received and corresponding agency responses regarding the proposed amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter AA, Commissioner's Rules Concerning Optional Extended Year Program, §105.1001, Optional Extended Year Program.
Comment. An individual commented that the minimum base amount for the Optional Extended Year Program should be set at $5,500. The individual further commented that students could be offered a great program at that amount.
Agency Response. The agency agrees that students could be better served by increasing the funds per student. The agency, however, disagrees with setting a specific base amount and has maintained language as published as proposed. The amendment may provide a higher award amount per student due to the percentage of at-risk students districts are required to serve decreasing from 10% to 5%. In addition, any funds made available through the reallocation process will automatically be given back to current Optional Extended Year Program grantees without an increase in the number of students they are required to serve, which may also increase the amount per student.
Comment. The assistant superintendent for curriculum and instruction at Hereford Independent School District commented in favor of the change that allows unused funds to be reallocated to more school districts that receive Optional Extended Year Program funding. The assistant superintendent commented that districts with increasing numbers of at-risk students should receive proportionate funding for summer or extended session needs.
Agency Response. The agency agrees and has maintained language as published as proposed. This rule action will provide a higher funding amount per student. Additional funding may also be available even without an increase in number of students served if reallocated funds become available.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 18, 2008.
TRD-200803158
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 8, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 475-1497