TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 92. INTERAGENCY COORDINATION

Subchapter AA. MEMORANDA OF UNDERSTANDING

The Texas Education Agency (TEA) proposes the repeal of and new §92.1003, concerning a memorandum of understanding (MOU) relating to the Communities In Schools (CIS) program. The section implements an MOU between the TEA and the Texas Workforce Commission (TWC) for the purpose of specifying the roles of the TEA and the TWC to increase the effectiveness of the CIS program. The 76th Texas Legislature, 1999, transferred the CIS program from the TWC to the Texas Department of Protective and Regulatory Services (PRS). The MOU between the TEA and the TWC previously authorized under the Texas Labor Code, §305.013, is proposed for repeal and a new MOU between the TEA and the PRS authorized under the Texas Family Code, §264.755, is proposed.

The proposed repeal of and new §92.1003 would define specific responsibilities of the TEA and the PRS related to: (1) obtaining information from participating school districts; (2) using funds for similar programs; and (3) encouraging local businesses to participate in local CIS programs. The proposed new section also clarifies other areas identified by the TEA and PRS that will maximize the effectiveness of the CIS program.

Tommy Cowan, director for the education of interagency coordination, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Cowan and Criss Cloudt, associate commissioner for policy planning and research, have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be ensured services for students at risk of dropping out of school and enhanced effectiveness of the Communities In Schools program. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register .

19 TAC §92.1003

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Family Code, §264.755, which transferred the Communities In Schools program from the TWC to the PRS.

The repeal implements the Texas Family Code, §264.755.

§92.1003.Memorandum of Understanding Concerning the Communities In Schools Program.

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 July 7, 2000.

TRD-200004739

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: August 20, 2000

For further information, please call: (512) 463-9701

The new section is proposed under the Texas Family Code, §264.755, which directs the TEA to develop a memorandum of understanding to clearly define the responsibilities of the TEA and the PRS and to adopt rules to implement the memorandum.

The new section implements the Texas Family Code, §264.755.

§92.1003.Memorandum of Understanding Concerning the Communities In Schools Program.

(a)

Purpose. This memorandum of understanding is a mutual agreement between the Texas Education Agency (TEA) and the Texas Department of Protective and Regulatory Services (PRS), established pursuant to the Texas Family Code, Chapter 264, Subchapter I, §264.755. The purpose of this agreement is to define specific responsibilities of the TEA and PRS that will maximize the effectiveness of the Communities In Schools (CIS) Program.

(b)

Participation.

(1)

The PRS's responsibilities under this agreement shall be as follows:

(A)

participate in regular meetings to discuss strategies to enhance the CIS program;

(B)

ensure that districts and campuses that operate the CIS program include information about the program in the campus or district improvement plan;

(C)

share participant data, within the parameters of federal law and each agency's confidentiality and data collection policies;

(D)

safeguard the confidentiality of any participant information and/or data provided by TEA;

(E)

develop student performance measures and program measures, which will relate to keeping students in school;

(F)

encourage local businesses to participate in local CIS programs, and;

(G)

replicate the CIS program into non-served areas of the state.

(2)

The TEA's responsibilities under this agreement shall be as follows:

(A)

transfer the appropriated Compensatory Education Funds each fiscal year of the biennium to PRS;

(B)

designate a CIS liaison that will assist in the implementation of the memorandum of understanding and participate in regular meetings to discuss strategies to enhance the CIS program;

(C)

provide participant data and other information needed from the Public Education Information Management System and other sources to assist in evaluating the effectiveness of the CIS program in preventing students from dropping out of school, within the parameters of federal law and the TEA's confidentiality, student information sharing and data collection policies;

(D)

clarify requirements and procedures for school districts and local CIS programs pertaining to sharing information;

(E)

safeguard the confidentiality of any participant information and/or data provided by CIS; and

(F)

provide information about CIS to the education community throughout the state.

(c)

Terms of the memorandum of understanding. This memorandum of understanding shall be effective October 1, 2000. The memorandum may be expanded, modified, or amended upon mutual agreement of the executive officers of the named agencies.

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 July 7, 2000.

TRD-200004740

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: August 20, 2000

For further information, please call: (512) 463-9701