19 TAC §102.1011, §102.1013
The Texas Education Agency (TEA) proposes an amendment to §102.1011
and new §102.1013, concerning master teacher grant programs. Section
102.1011 defines terms and sets forth the procedures for school district applications
and administration of master reading teacher grants. The proposed amendment
would update eligibility requirements for the Master Reading Teacher Grant
Program authorized by the Texas Education Code (TEC), §21.410. The proposed
new §102.1013 would establish implementation and eligibility requirements
for the Master Mathematics Teacher Grant Program authorized by the TEC, §21.411.
House Bill (HB) 2307, 76th Texas Legislature, 1999, added TEC, §21.410,
creating the new Master Reading Teacher Grant Program. Through 19 TAC §102.1011,
the commissioner exercised rulemaking authority to adopt rules for implementation
of this grant program and to make grants to school districts to pay stipends
to selected certified master reading teachers who teach at high-need campuses
as identified in rule. The proposed amendment to 19 TAC §102.1011 would
revise the definition of a high-need campus to include charter schools and
to allow a transition period for changing from Texas Assessment of Academic
Skills (TAAS) scores to Texas Assessment of Knowledge and Skills (TAKS) scores
as the basis for determining eligible campuses. The proposed amendment would
also update provisions to be consistent with current application instructions
and provisions included in the proposed new 19 TAC §102.1013, Master
Mathematics Teacher Grant Program.
HB 1144, 77th Texas Legislature, 2001, added TEC, §21.411, creating
the new Master Mathematics Teacher Grant Program. Through new 19 TAC §102.1013,
the commissioner exercises rulemaking authority to propose rules for implementation
of the grant program to allow for the distribution of grants to school districts
with identified high-need campuses for payment of stipends to certified master
mathematics teachers designated by the districts. The proposed new 19 TAC §102.1013
defines terms and sets forth the procedures for school district applications
and administration of grants consistent with application instructions and
updated provisions included in 19 TAC §102.1011, Master Reading Teacher
Grant Program. The proposed new rule also includes a transition period for
use of the TAAS scores to TAKS scores as the basis for determining eligible
campuses.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five-year period the amendment and new section are in effect
there will be fiscal implications for state and local government as a result
of enforcing or administering the amendment and new section. The 78th Texas
Legislature appropriated $1.2 million in each year of the 2004-2005 biennium
and authorized the recapture of an estimated $5.6 million in unspent state
funds previously distributed to regional education service centers to be spent
in fiscal year 2004 to fund stipends for Master Reading Teachers and Master
Mathematics Teachers. In addition to the $1.2 million in fiscal year 2005,
any balances as of August 31, 2004, must be appropriated for these programs.
Eligible applicants funded through the grant program will receive an increase
in revenue.
School districts are not required to participate in these programs. However,
school districts that choose to apply for funding will likely incur some costs
associated with applying for and administering the grant funds, including
distributing stipends. The costs of administering grant funds will likely
vary among districts due to differences in district policies for the administration
process. It is not anticipated that such costs will be significant in most
districts. School districts with successful applications will realize increased
revenue in the form of grant funds for stipends. The amount of increased revenue
will vary among districts receiving awards.
The application for stipend funds is administered electronically so that
districts can access funds efficiently. Districts may designate Master Reading
Teachers and Master Mathematics Teachers who qualify for the state stipends
to be paid at the end of the school year by completing the applicable online
application by April 15 of each year. The districts can amend their applications
through April 15 if their circumstances change. It is anticipated that Master
Reading Teacher and Master Mathematics Teacher grants will be issued in May
2004, following the effective date of the proposed amendment and new section.
Funds are to be transferred electronically by the Comptroller's Office to
the districts. The districts then have 30 days in which to pay their master
teacher stipends.
Dr. Barnes has determined that for each year of the first five years the
amended and new sections are in effect the public benefit anticipated as a
result of enforcing the sections will be the update of the Master Reading
Teacher Grant Program and the implementation of the Master Mathematics Teacher
Grant Program. The programs are intended to increase the reading and mathematics
abilities of Texas school children, particularly those on identified high-need
campuses, by encouraging teachers to become certified as Master Reading Teachers
and Master Mathematics Teachers and to share their expertise by mentoring
fellow teachers and by working with students to improve student reading and
mathematics performance. There will not be an effect on small businesses.
There is anticipated economic cost to persons who are required to comply with
the proposed amendment and new section. Participation in the Master Reading
Teacher Grant Program and the Master Mathematics Teacher Grant Program is
not a requirement for individual teachers. However, teachers who voluntarily
choose to complete a Master Reading Teacher or Master Mathematics Teacher
preparation program approved by the State Board for Educator Certification
would likely incur costs associated with the program. Costs will vary among
approved educator preparation programs.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 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 amendment or 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 amendment and new section are proposed under the Texas Education
Code, §21.410 and §21.411, which authorize the commissioner of education
to adopt rules as necessary to implement the master reading teacher grant
program and the master mathematics teacher grant program.
The amendment and new section implement the Texas Education Code, §21.410
and §21.411.
§102.1011.Master Reading Teacher Grant Program.
(a)
Under Texas Education Code (TEC), §21.410, a school
district may apply to the commissioner of education for grants for high-need
campuses identified by the commissioner to be used to pay stipends to certified
master reading teachers, in accordance with the provisions of this section.
(b)
The following terms apply to each school district applicant
seeking stipends under the Master Reading Teacher Grant Program:
(1)
Identified high-need
[
High-need
]
campus.
An identified
[
A
] high-need campus
is a
campus where the percentage of students reported passing the statewide assessment
in reading averages less than or equal to a percentage designated by the commissioner
in the years specified by the commissioner, not including the school year
in which the stipend is to be paid. An identified campus remains eligible
for funds for three years, if sufficient funds are available.
[
:
]
[
(A)
is a campus where the percentage
of students reported passing the Texas Assessment of Academic Skills (TAAS)
in reading averages less than or equal to a percentage designated by the commissioner
over the past three school years for which data are available, not including
the school year in which the stipend is to be paid; and]
(A)
[
(B)
]
An identified high-need
campus
does not include:
[
(i)
a charter school;]
(i)
[
(ii)
]
a discipline
[
an
] alternative education program operated under TEC, §37.008 [
, and registered for the alternative accountability system for the 1998-1999
school year
];
(ii)
[
(iii)
] a juvenile justice alternative
education program; and
(iii)
[
(iv)
] a campus where fewer than
30 students took the
statewide assessment
[
TAAS
] in
reading over the past three school years for which data are
considered
[
available
], not including the school year in which the
stipend is to be paid.
(B)
For the 2003-2004 school year,
identification of a high-need campus will be based on the Texas Assessment
of Academic Skills (TAAS) reading test score averages for school years 1999-2000,
2000-2001, and 2001-2002.
(C)
For the 2004-2005 school year,
identification of a high-need campus will be based on the Texas Assessment
of Knowledge and Skills (TAKS) reading test score averages for the 2002-2003
and 2003-2004 school years.
(D)
For subsequent school years,
the TAKS reading test score averages for the past three school years for which
data are available, not including the school year in which the stipend is
to be paid, will be used to identify a high-need campus.
(2)
Primary duties. The primary duties of a master reading
teacher are:
(A)
teaching reading; and
(B)
serving as a reading teacher mentor to other teachers.
(3)
Teaching reading. Teaching reading is performed when a
teacher:
(A)
applies knowledge of the interrelated components of reading
from early childhood through Grade 12 and uses expertise at the primary, intermediate/middle,
or high school level to plan, implement, and monitor reading instruction;
(B)
selects and administers appropriate reading assessments
and uses the results to design reading instruction;
(C)
applies knowledge of primary and secondary language acquisition,
reading difficulties, and dyslexia and related reading disorders to facilitate
and promote literacy; [
and
]
(D)
designs and implements instruction based on the Texas Essential
Knowledge and Skills (TEKS) in reading at the appropriate grade level
; and
[
.
]
(E)
creates a positive learning
environment that promotes positive student attitudes toward reading and provides
equitable opportunities for all students to achieve at a high level.
(4)
Reading teacher mentor. A reading teacher mentor:
(A)
provides mentoring and leadership
that facilitate appropriate standards-based and research-based reading instruction;
[
(A)
uses strategies to ensure
research-based reading instruction through communication and collaboration
with other teachers;]
(B)
communicates and collaborates
with educational professionals, parents, and others;
[
(B)
coaches and consults with
other teachers; and]
(C)
coaches and consults with colleagues;
[
(C)
provides professional development.]
(D)
provides professional development
opportunities for faculty; and
(E)
makes instructional decisions
based on data and supported by evidence from research.
(5)
Certified master reading teacher. A certified master reading
teacher is:
(A)
a person who holds a reading specialist certificate and
has satisfactorily completed a course of instruction approved by the State
Board for Educator Certification (SBEC) for the purpose of becoming a master
reading teacher; or
(B)
a person who holds a teaching certificate who:
(i)
has at least three years of teaching experience;
(ii)
has satisfactorily completed a course of instruction approved
by the SBEC for the purpose of becoming a master reading teacher; and
(iii)
has successfully performed on the master reading teacher
certification examination prescribed by the SBEC.
(c)
A school district may apply to the commissioner for grants
for each
identified
high-need campus as defined in subsection (b)(1)
of this section to be used to pay
state
[
year-end
] stipends
at the end of the school year
to
the designated
certified
master reading teachers
.
[
whose primary duties include:
]
[
(1)
teaching reading; and]
(1)
[
(2)
]
The primary duties of
the master reading teacher are to teach reading and to serve
[
serving
] as a reading teacher mentor to other teachers for the amount
of time and in the manner established by the school district in conformance
with the definitions set forth in subsection (b) of this section. [
The
application must contain a certification by the school superintendent that
the grants will be used only for the purpose set forth in this section.
]
(2)
The application must contain
a certification by the school superintendent that the grants will be used
only for the purpose set forth in TEC, §21.410.
(3)
Applications and reports must
be filed with the commissioner during the school year in which a stipend is
to be paid in accordance with the application instructions.
(d)
[
School districts with identified high-need campuses
having a large student population as determined annually by the
]
The
commissioner
shall determine, based upon student enrollment,
whether a district
may receive grants to pay stipends to
one or
two certified master reading teachers per
identified
high-need
campus. [
School districts with high-need campuses having a small student
population as determined annually by the commissioner may receive a grant
to pay a stipend to one master reading teacher per high-need campus.
]
(1)
School districts may receive
grants to pay state stipends to two certified master reading teachers per
identified high-need campus having a large student population as determined
annually by the commissioner.
(2)
School districts may receive
grants to pay state stipends to one certified master reading teacher per identified
high-need campus having a small student population as determined annually
by the commissioner.
(e)
An identified high-need campus
within a district continues to be eligible for two additional years following
the initial year of the grant even if the campus is no longer a high-need
campus. The district must continue to pay the stipend to a designated master
reading teacher who is eligible as defined in subsection (b) of this section
and whose primary duties include teaching reading and serving as a reading
teacher mentor as defined in subsection (b)(2) of this section.
[
(e)
Applications must be filed
with the commissioner during the school year in which a stipend is to be paid
in accordance with the application instructions.]
(f)
Following the initial year of the grant, a
[
A school
] district [
approved for a grant to pay a stipend on a
specific high-need campus
] is not required to reapply for
a
[
this
] grant for two consecutive years [
following the initial year
of the grant
] if the district:
[
(1)
continues to pay the stipend
as provided in subsection (d) of this section; and]
(1)
[
(2)
] notifies the commissioner,
in
accordance with the application instructions
[
a manner
prescribed by the commissioner
], that the circumstances on which the
grant was based have not changed
;
[
. School districts are
not required to notify the commissioner if, according to local school district
policy, the school district continues to pay the stipend to the teacher for
the remaining two years even if the campus is no longer a high-need campus.
The stipend must continue to be paid for the primary duties of teaching reading
and serving as a reading teacher mentor as defined in subsection (b)(2) of
this section.
]
(2)
notifies the commissioner of
eligible teachers continuing to receive state stipends; and
(3)
notifies the commissioner of
changes in the circumstances on which the grant was based, including:
(A)
number of months of the teacher's service under
master reading teacher certification;
(B)
new designated master reading teachers on previously
unserved identified high- need campuses, as defined in subsection (d) of this
section;
(C)
changes in designated master reading teachers
on already served identified high- need campuses; and
(D)
additional changes affecting the Master Reading
Teacher Grant Program, including any information required by the commissioner.
(g)
The commissioner shall reduce
payments to a school district proportionately to the extent an eligible teacher
does not meet the requirements under subsection (b) of this section for the
entire school year. In the event a teacher qualifies as a master reading teacher
for a partial month, the district's written policy will determine how the
district counts the partial month (e.g., as no month served or as an entire
month served). Only whole months shall be entered on the application by the
district on the teacher's behalf.
[
(g)
If a school district's grant
circumstances change in the second or third year, a notification pertaining
to the second and third year must be filed in accordance with the application
instructions.]
(h)
A district that employs more
certified master reading teachers than the number of grants available under
this section shall designate which certified master reading teacher(s) to
assign the duties required to receive the state stipend(s).
(1)
The designation is based on a written policy
adopted by the board of trustees of the district.
(2)
The district shall pay a state stipend for only
one designated master reading teacher per designated slot on an identified
high-need campus.
(3)
In unforeseen circumstances (e.g., teacher becomes
seriously ill and cannot continue), the district may request from the commissioner
an exception to the provisions in this subsection to be considered on a case-by-case
basis and only under extreme circumstances.
(4)
A decision of the district under this subsection
is final and may not be appealed.
(5)
The district may use local money to pay additional
stipends in amounts determined by the district.
(i)
[
(h)
]
State
[
Annual
] stipends to certified master reading teachers must be paid by local
school districts no later than 30 days after receipt of the grant by the school
district.
§102.1013.Master Mathematics Teacher Grant Program.
(a)
Under Texas Education Code (TEC), §21.411, a school
district may apply to the commissioner of education for grants for high-need
campuses identified by the commissioner to be used to pay stipends to certified
master mathematics teachers, in accordance with the provisions of this section.
(b)
The following terms apply to each school district applicant
seeking stipends under the Master Mathematics Teacher Grant Program:
(1)
Identified high-need campus. An identified high-need campus
is a campus where the percentage of students reported passing the statewide
assessment in mathematics and, when administered, the Algebra end-of-course
test averages less than or equal to a percentage designated by the commissioner
in the years specified by the commissioner. An identified campus remains eligible
for state stipend funds for three years, if sufficient funds are available.
(A)
An identified high-need campus does not include:
(i)
a discipline alternative education program operated under
TEC, §37.008;
(ii)
a juvenile justice alternative education program; and
(iii)
a campus where fewer than 30 students took the statewide
assessment in mathematics over the period of time in which data are considered.
(B)
For the 2003-2004 school year, identification of high-need
campuses will be based on:
(i)
the average scores on the 1999-2000, 2000-2001, and 2001-2002
Texas Assessment of Academic Skills (TAAS) mathematics tests for Grades 3-8,
as applicable, for campuses consisting of early childhood (EC)-Grade 8; and
(ii)
the average scores on the 1999-2000, 2000-2001, and 2001-2002
TAAS mathematics tests for Grades 9-11 and the Algebra end-of-course test,
when administered, for campuses consisting of Grades 9-12.
(C)
For the 2004-2005 school year, identification of a high-need
campus will be based on the Texas Assessment of Knowledge and Skills (TAKS)
mathematics test score averages for the 2002-2003 and 2003-2004 school years.
(D)
For subsequent school years, the TAKS mathematics test
score averages for the past three school years for which data are available,
not including the school year in which the state stipend is to be paid, will
be used to identify a high-need campus.
(2)
Primary duties. The primary duties of a master mathematics
teacher are:
(A)
teaching mathematics; and
(B)
serving as a mathematics teacher mentor to other teachers.
(3)
Teaching mathematics. Teaching mathematics is performed
when a teacher:
(A)
applies knowledge of the interrelated components of mathematics,
including number concepts, patterns and algebra, geometry and measurement,
probability and statistics, and mathematical processes, and uses expertise
in mathematics instruction at the levels of Grades EC-4, Grades 4-8, or Grades
8-12 to select, design, and implement appropriate mathematics instruction
that reflects state content and performance standards (Texas Essential Knowledge
and Skills) at the appropriate grade level;
(B)
selects, constructs, and administers appropriate mathematics
assessments on an ongoing basis and uses the results to design, inform, and
adjust mathematics instruction to promote student achievement;
(C)
applies knowledge of a range of mathematical achievement
(e.g., advanced learners, students demonstrating mathematics difficulties)
and effective instructional approaches to facilitate and promote mathematics
achievement; and
(D)
creates a positive learning environment that promotes positive
student attitudes toward mathematics and provides equitable opportunities
for all students to achieve at a high level.
(4)
Mathematics teacher mentor. A mathematics teacher mentor:
(A)
provides mentoring and leadership that facilitate appropriate
standards-based and research-based mathematics instruction;
(B)
communicates and collaborates with educational professionals,
parents, and others;
(C)
coaches and consults with colleagues;
(D)
provides professional development opportunities for faculty;
and
(E)
makes instructional decisions based on data and supported
by evidence from research.
(5)
Certified master mathematics teacher. A certified master
mathematics teacher is a person who:
(A)
has at least three years of teaching experience;
(B)
completes satisfactorily a course of instruction approved
by the State Board for Educator Certification (SBEC) for the purpose of becoming
a master mathematics teacher for Grades EC-4, 4-8, or 8-12;
(C)
performs satisfactorily on the master mathematics teacher
certification examination for Grades EC-4, 4-8, or 8-12 prescribed by the
SBEC; and
(D)
has master mathematics teacher certification for the specific
grade levels on the campus to which assigned.
(c)
A school district may apply to the commissioner for grants
for each identified high-need campus as defined in subsection (b)(1) of this
section to be used to pay state stipends at the end of the school year to
the designated certified master mathematics teachers.
(1)
The primary duties of the master mathematics teacher are
to teach mathematics and to serve as a mathematics teacher mentor to other
teachers for the amount of time and in the manner established by the school
district in conformance with the definitions and requirements set forth in
subsection (b) of this section.
(2)
The application must contain a certification by the school
superintendent that the grants will be used only for the purpose set forth
in TEC, §21.411.
(3)
Applications and reports must be filed with the commissioner
during the school year in which a stipend is to be paid in accordance with
the application instructions.
(d)
The commissioner shall determine, based upon student enrollment,
whether a district may receive grants to pay one or two state stipends to
certified master mathematics teachers per identified high-need campus.
(1)
School districts may receive grants to pay state stipends
to two certified master mathematics teachers per identified high-need campus
having a large student population as determined annually by the commissioner.
(2)
School districts may receive grants to pay state stipends
to one certified master mathematics teacher per identified high-need campus
having a small student population as determined annually by the commissioner.
(e)
An identified high-need campus within a district continues
to be eligible for two additional years following the initial year of the
grant even if the campus is no longer a high-need campus. The district must
continue to pay the stipend to a designated master mathematics teacher who
is eligible as defined in subsection (b) of this section and whose primary
duties include teaching mathematics and serving as a mathematics teacher mentor
as defined in subsection (b)(2) of this section.
(f)
Following the initial year of the grant, a district is
not required to reapply for a grant for two consecutive years if the district:
(1)
notifies the commissioner, in accordance with the application
instructions, that the circumstances on which the grant was based have not
changed;
(2)
notifies the commissioner of eligible teachers continuing
to receive state stipends; and
(3)
notifies the commissioner of changes in the circumstances
on which the grant was based, including:
(A)
number of months of the teacher's service under master
mathematics teacher certification;
(B)
new designated master mathematics teachers on previously
unserved identified high-need campuses, as defined in subsection (d) of this
section;
(C)
changes in designated master mathematics teachers on already
served identified high- need campuses; and
(D)
additional changes affecting the Master Mathematics Teacher
Grant Program, including any information required by the commissioner.
(g)
The commissioner shall reduce payments to a school district
proportionately to the extent an eligible teacher does not meet the requirements
under subsection (b) of this section for the entire school year. In the event
a teacher qualifies as a master mathematics teacher for a partial month, the
district's written policy will determine how the district counts the partial
month (e.g., as no month served or as an entire month served). Only whole
months shall be entered on the application by the district on the teacher's
behalf.
(h)
A district that employs more certified master mathematics
teachers than the number of grants available under this section shall designate
which certified master mathematics teacher(s) to assign the duties required
to receive the state stipend(s).
(1)
The designation is based on a written policy adopted by
the board of trustees of the district.
(2)
The district shall pay a state stipend for only one designated
master mathematics teacher per designated slot on an identified high-need
campus.
(3)
In unforeseen circumstances (e.g., teacher becomes seriously
ill and cannot continue), the district may request from the commissioner an
exception to the provisions in this subsection to be considered on a case-by-case
basis and only under extreme circumstances.
(4)
A decision of the district under this subsection is final
and may not be appealed.
(5)
The district may use local money to pay additional stipends
in amounts determined by the district.
(i)
State stipends to certified master mathematics teachers
must be paid by local school districts no later than 30 days after receipt
of the state grant funds by the school district.
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 February 23, 2004.
TRD-200401258
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 475-1497