PART 2. TEXAS EDUCATION AGENCY
SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES
The Texas Education Agency (TEA) adopts new §61.1037, concerning the Science Laboratory Grant Program. The new section is adopted without changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3107). The adopted new section implements the requirements of the Texas Education Code (TEC), §7.062, as added by House Bill 2237, 80th Texas Legislature, 2007, that charges the commissioner to adopt rules necessary to implement the Science Laboratory Grant Program.
TEC, §7.062, requires the commissioner by rule to establish procedures and adopt guidelines for the administration of the Science Laboratory Grant Program. The program is to provide competitive grants to school districts for the purpose of constructing or renovating high school science laboratories. To be eligible for a grant, a school district must demonstrate that the existing district science laboratories are insufficient in number to comply with the curriculum requirements imposed for the recommended and advanced high school programs. The statute requires the commissioner to provide for ranking school districts that apply for grants on the basis of wealth per student and giving priority in the award of grants to districts with low wealth per student.
Adopted new 19 TAC §61.1037, Science Laboratory Grant Program, implements the TEC, §7.062, by providing applicable definitions, establishing the application process, and describing prioritization and notice of award. The adopted new rule also specifies details relating to data sources, payments, determination of need, eligible projects, deadlines and accountability, and required reports.
A school district must complete an application requesting funding under the Science Laboratory Grant Program. The application must contain a description of each high school campus for which funds are being requested, the campus's enrollment, the number of science laboratories on the campus, a certification that the existing laboratories are insufficient to comply with curriculum requirements, the number of laboratories to be constructed or renovated, and a timeline for the proposed construction or renovation projects.
A school district that participates in the Science Laboratory Grant Program must maintain contracting and financial records related to the construction project(s) for which it receives a grant so that the district can provide these records to the TEA on completion of the project(s).
The TEA determined that the adopted new section will have no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal began April 18, 2008, and ended May 18, 2008. No public comments were received.
The new section is adopted under the Texas Education Code, §7.062, as added by House Bill 2237, 80th Texas Legislature, 2007, which authorizes the commissioner to adopt rules necessary to implement the Science Laboratory Grant Program, including rules addressing eligibility, application procedures, and accountability for use of grant funds.
The new section implements the Texas Education Code, §7.062.
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 16, 2008.
TRD-200803090
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 6, 2008
Proposal publication date: April 18, 2008
For further information, please call: (512) 475-1497
SUBCHAPTER EE. COMMISSIONER'S RULES CONCERNING PILOT PROGRAMS
The Texas Education Agency (TEA) adopts new §102.1053, concerning the mathematics instructional coaches pilot program. The new section is adopted with changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2452). The adopted new rule implements the requirements of the Texas Education Code (TEC), §21.4541, as added by House Bill 2237, 80th Texas Legislature, which requires the commissioner by rule to establish and implement a Mathematics Instructional Coaches Pilot Program, including approval of service providers. The adopted new rule also addresses program requirements for the awarding of grants for the Mathematics Instructional Coaches Pilot Program.
Recognizing that 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 receive grants in order to contract with approved service providers for 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.
Adopted new 19 TAC Chapter 102, Subchapter EE, §102.1053, implements the TEC, §21.4541, by establishing the Mathematics Instructional Coaches Pilot Program. The new rule adopts provisions that define applicable words and terms and establishes requirements relating to school district participation in the pilot program, including eligibility and conditions of operation. The adopted new rule also specifies criteria and procedures by which approved service providers will be identified and approved to assist districts participating in the pilot program. Approved service providers must demonstrate significant past effectiveness in improving mathematics instruction in middle, junior high, and high schools serving a significant number of students identified as being at risk of dropping out of school, as described by the TEC, §29.081(d).
In addition to the entities described in the TEC, §21.4541(c), the adopted new rule specifies that county departments of education and school districts are eligible to apply for approval as service providers under this grant program and serve in that capacity. However, a school district designated as an approved service provider may not be reimbursed with Mathematics Instructional Coaches Pilot Program funds for providing coaching services to teachers employed by the district.
At adoption, a technical correction was made in subsection (b) relating to pilot program participation as directed by TEA legal counsel. Subsection (b)(8) relating to sanctions was deleted and language relating to recovery of funds was clarified in subsection (b)(9) and renumbered as subsection (b)(8). Recovery of funds is the appropriate sanction for state grant compliance and not the performance-based sanctions under the TEC, Chapter 39.
The TEA determined that the adopted new section will have no direct adverse economic impact to small businesses but there may be adverse economic impact to microbusinesses (businesses with fewer than 20 employees) that choose to apply for approved service provider status, as specified in the proposed preamble. The TEA did consider several alternative methods as specified in the proposed preamble, and that analysis resulted in no alternate options.
The public comment period on the proposal began March 21, 2008, and ended April 20, 2008. No public comments were received.
The new section is adopted 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.
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Approved service provider--An entity, as described in subsection (c) of this section, that has been approved through a request for qualifications (RFQ) process and designated by the commissioner of education as qualified to deliver intensive mathematics coaching and professional development to school districts approved to participate in the Mathematics Instructional Coaches Pilot Program.
(2) Mathematics Instructional Coaches Pilot Program--A pilot program established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), §21.4541. Under the pilot program, participating school districts shall receive grants to provide teachers who instruct students in mathematics at the middle school, junior high school, or high school level with assistance in developing content knowledge and instructional expertise. Each participating school district must contract with an approved service provider.
(3) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.
(4) Shared services arrangement (SSA)--A shared services arrangement is an agreement between two or more school districts and/or education service centers that provides services for entities involved.
(b) Pilot program participation.
(1) Eligibility.
(A) Eligibility for participation in the Mathematics Instructional Coaches Pilot Program will be determined annually by the commissioner in accordance with the TEC, §21.4541, and eligibility criteria outlined in the TEC, §39.358.
(B) Education service centers (ESCs) established under the TEC, §8.001, are not eligible to apply for participation in the pilot program as the fiscal agent for an SSA or as a member in an SSA.
(2) Application process.
(A) An eligible school district must apply through the request for application (RFA) process to participate in the pilot program and include a description of how grant funds will be allocated.
(B) An eligible school district submitting an RFA on behalf of other school districts participating in an SSA must agree to serve as the fiscal agent for the grant and will be held responsible for all compliance and audit recoveries.
(C) Eligible applicants must meet all deadlines, requirements, and guidelines outlined in the RFA.
(3) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation in the Mathematics Instructional Coaches Pilot Program.
(4) Use of funds. The entire amount of a grant award must be used for the Mathematics Instructional Coaches Pilot Program as described in the RFA.
(5) Conditions of operation.
(A) Each successful applicant must operate a Mathematics Instructional Coaches Pilot Program in accordance with requirements detailed in the TEC, §21.4541, and must:
(i) select an approved service provider, as described in subsection (c) of this section, from the list provided by the TEA;
(ii) enter into a contractual relationship for mathematics instructional coaching and professional development services with the approved service provider; and
(iii) design and implement an action plan for the Mathematics Instructional Coaches Pilot Program in collaboration with the approved service provider.
(B) In addition, each successful applicant may enter into an SSA limited to no more than ten eligible districts. A school district may submit or be a member of an SSA for no more than one grant application.
(6) Program evaluation. Each school district operating an approved Mathematics Instructional Coaches Pilot Program must comply with evaluation procedures established by the commissioner as detailed in the RFA.
(7) Revocation for grantee.
(A) The commissioner may revoke grantee participation in the pilot program based on any of the following factors:
(i) noncompliance with requirements and assurances outlined in the RFA and/or the provisions of this section;
(ii) lack of program success as evidenced by progress reports and program data;
(iii) failure to meet performance standards specified in the RFA; or
(iv) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the pilot program.
(B) A decision by the commissioner to revoke authorization of a grant award is final and may not be appealed.
(8) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.
(c) Approved service providers.
(1) Eligibility. The following entities that are TEA-certified continuing professional education providers are eligible to apply for approved service provider status:
(A) academies and training centers established in conjunction with a Texas Science, Technology, Engineering, and Mathematics (T-STEM) center;
(B) regional education service centers;
(C) institutions of higher education;
(D) private organizations with significant experience in providing mathematics instruction, as determined by the commissioner;
(E) county departments of education; and
(F) school districts, under the following condition. A school district's statewide assessments in mathematics (summed across all grade levels and for "All Students" only) must meet or exceed the Recognized standard. The TEA will determine eligibility, using the most current results, which can be found in the latest district Academic Excellence Indicator System (AEIS) report.
(2) Identification and selection. In accordance with the TEC, §21.4541(c) and (d), the TEA will identify and select approved service providers through a RFQ process. Failure to adhere to established RFQ requirements and assurances will result in non-selection as a service provider.
(3) Notification. The TEA will notify each applicant in writing of its selection or non-selection as an approved service provider.
(4) Condition of operation. A school district designated as an approved service provider may not be reimbursed with Mathematics Instructional Coaches Pilot Program funds for providing coaching services to teachers employed by the district.
(5) Renewal or revocation for service provider.
(A) Each approved service provider must submit a renewal application every two years in order to maintain eligibility to participate in the Mathematics Instructional Coaches Pilot Program as an approved service provider.
(B) The commissioner may deny renewal of or revoke participation in the Mathematics Instructional Coaches Pilot Program for a service provider based on any of 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.
(C) 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 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 11, 2008.
TRD-200803022
Cristina De La Fuente-Valadez
Director, Policy Coordination Division
Texas Education Agency
Effective date: July 1, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 475-1497
The Texas Education Agency (TEA) adopts new §102.1101, concerning attendance and completion requirements for Texas Adolescent Literacy Academies. The new section is adopted without changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3113). The adopted new rule implements the requirement of the Texas Education Code (TEC), §21.4551, that the commissioner of education by rule require a teacher to attend a reading academy if the teacher provides instruction in reading, mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level at a campus that is issued a final accountability rating of Academically Unacceptable in reading.
In 1999, the 76th Texas Legislature enacted the Student Success Initiative, which established grade advancement requirements based on student performance on statewide assessments in reading and/or mathematics in Grades 3, 5, and 8. Students in Grade 3 were subject to the grade advancement requirement in reading beginning in school year 2002-2003. Students in Grade 5 were subject to the requirements in reading and mathematics beginning in school year 2004-2005. In order to provide teachers of these students with the most current research-based strategies in the teaching of reading, the legislature funded reading academies for teachers of students in Kindergarten-Grade 4. These teacher reading academies ended in 2003, after the development of the reading academy for Grade 4.
In 2007, the 80th Texas Legislature passed legislation that would address the academic performance differences of elementary students and students in Grades 6-8 on the state reading assessments. In addition, Grade 8 students are subject to the grade advancement requirements of the Student Success Initiative beginning with school year 2007-2008. The 80th Texas Legislature, through House Bill (HB) 2237, provided for the statewide implementation of adolescent literacy academies for teachers in Grades 6-8, beginning in the summer of 2008.
The Texas Adolescent Literacy Academies are intended to instruct English language arts and reading and content area teachers in successful, research-based strategies for improving students' academic literacy. The legislation also mandates that all teachers who provide instruction in reading, mathematics, science, or social studies to students in Grade 6, 7, or 8 at a campus issued an accountability rating of Academically Unacceptable must attend and complete the requirements of an English Language Arts or Content Area Academy.
Adopted new 19 TAC §102.1101 specifies the Texas Adolescent Literacy Academies and attendance and completion requirements for specific teachers. The new rule also defines which teachers must attend the academies, establishes an implementation schedule, addresses payment of stipends for eligible teachers, and requires school districts to maintain attendance and completion records.
To assist the TEA in implementing the new rule, the regional education service centers (ESCs) will maintain records of teachers who register and complete the training sessions in their ESC regions. The Vaughn Gross Center at The University of Texas at Austin will maintain a management system to verify participants' completion of the online follow-up sessions and provide the names to the appropriate ESCs. An outside evaluator will conduct evaluation activities, including developing an evaluation report to be submitted to the TEA.
The TEA determined that the adopted new section 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 18, 2008, and ended May 18, 2008. No public comments were received.
The new section is adopted under the Texas Education Code, §21.4551, which authorizes the commissioner to by rule require a teacher to attend a reading academy if the teacher provides instruction in reading, mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level at a campus that is considered academically unacceptable under Section 39.132 on the basis of student performance on the reading assessment instrument administered under Section 39.023(a) to students in any grade level at the campus.
The new section implements the Texas Education Code, §21.4551.
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 16, 2008.
TRD-200803091
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 6, 2008
Proposal publication date: April 18, 2008
For further information, please call: (512) 475-1497