19 TAC §89.1501, §89.1502
The Texas Education Agency (TEA) proposes new §89.1501
and §89.1502, concerning the Communities In Schools (CIS) program. The
new sections would establish definitions and the equitable funding formula
for local CIS programs. The proposed new rules would implement the provisions
of the Texas Education Code (TEC), Chapter 33, Service Programs and Extracurricular
Activities, Subchapter E, Communities In Schools Program, which transfers
the CIS program to the TEA from the Department of Family and Protective Services
(DFPS), formerly known as the Department of Protective and Regulatory Services
(DPRS).
The CIS program is a statewide youth dropout prevention program that provides
effective assistance to Texas public school students who are at risk of dropping
out of school or engaging in delinquent conduct, including students who are
in family conflict or emotional crisis. In 2003, the 78th Texas Legislature
passed Senate Bill 1038 which transferred the CIS program from the DFPS, formerly
known as the DPRS, to the TEA.
Senate Bill 1038 specified that on September 1, 2003, a reference in law
or administrative rule to the DPRS that relates to the CIS program means the
TEA and that a reference in law or administrative rule of the executive director
of the DPRS that relates to the CIS program means the commissioner of education.
The legislation also stated that a rule of the DPRS relating to the CIS program
continues in effect as a rule of the commissioner of education until superseded
by rule of the commissioner of education. Accordingly, the commissioner of
education has proceeded with the rulemaking process to adopt provisions for
the CIS program.
The CIS provisions in proposed new 19 TAC Chapter 89, Adaptations for Special
Populations, Subchapter EE, Commissioner's Rules Concerning the Communities
In Schools Program, will supersede those in 40 TAC Chapter 702, General Administration,
Subchapter E, Memorandum of Understanding with Other State Agencies, and Chapter
704, Prevention and Early Intervention Services, Subchapter E, Communities
In Schools.
Proposed new 19 TAC Chapter 89, Subchapter EE, would establish definitions
and the equitable funding formula for local CIS programs. The proposal outlines
the funding allocation for developing programs, fully-developed programs,
and replication and expansion of the CIS program. Provisions relating to other
funding, special initiatives, and funding plans are also outlined.
During the preparation of the proposal, CIS state staff met with the executive
directors of the local CIS programs. Their comments and recommendations have
been considered during the development of the proposed rules.
Ernest Zamora, associate commissioner for support services and school finance,
has determined that for the first five-year period the new sections are in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections. Funding is established
by a rider in the General Appropriations Act. The new rules would provide
the structure under which these funds are allocated. The proposed new rules
do not change the process through which the funds are distributed to local
CIS programs.
Dr. Zamora has determined that for each year of the first five years the
new sections are in effect the public benefit anticipated as a result of enforcing
the sections will be support for the CIS program, an exemplary youth dropout
prevention program. As stated in the TEC, §33.152, it is the intent of
the legislature that CIS operate throughout the state. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the new sections.
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 sections 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 sections are proposed under the Texas Education Code, §33.156,
which authorizes the agency to develop and implement an equitable formula
for the funding of local Communities In Schools programs.
The new section implements the Texas Education Code, §§33.152,
33.156, 33.157, and 33.158.
§89.1501.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Communities In Schools (CIS) program--The statewide exemplary
youth dropout prevention program authorized under the Texas Education Code
(TEC), Chapter 33, Subchapter E (Communities In Schools Program), that provides
effective assistance to Texas public school students who are at risk of dropping
out of school or engaging in delinquent conduct, including students who are
in family conflict or emotional crisis.
(2)
Developing program--A local CIS program that has received
funding for up to four fiscal years, including the fiscal year in which funding
was provided to develop a business plan.
(3)
Expansion--The process of a fully-developed local CIS program
establishing CIS services on a new school campus or in a new school district
or expanding services to serve additional students on existing campuses, resulting
in an increase of students served.
(4)
Fiscal year--A one-year period beginning on September 1
of a calendar year and continuing through August 31 of the next calendar year.
(5)
Fully-developed program--A local CIS program that has been
in existence for more than four fiscal years or has opted to be treated as
a fully-developed program for funding purposes.
(6)
Funding formula--A formula used to determine the funding
allocation to each program based on funds appropriated by the General Appropriations
Act.
(7)
Replication--The process of establishing a new local CIS
program in an area of the state designated by the Texas Education Agency to
be an area of critical need for a local CIS program.
(8)
Special initiative--The implementation of a specialized
activity to address dropout prevention within the context of the CIS model.
§89.1502.Funding.
(a)
Equitable funding formula. As authorized by the Texas Education
Code (TEC), §33.156, the Texas Education Agency (TEA) shall establish
the funding of local Communities In Schools (CIS) programs in accordance with
this section.
(b)
Developing programs. Developing programs shall receive
a specified funding amount each year for no more than four years, including
the first-year start up funding, after which time they shall become fully-developed
programs and their funding shall be determined by the funding formula established
under subsection (c) of this section. Prior to the expiration of four years,
a developing program may request to be considered as a fully-developed program
in which the funding would then be determined under subsection (c)(1) - (3)
of this section if approved by the TEA.
(c)
Fully-developed programs. Fully-developed programs shall
receive a specified funding amount each year to be allocated as set forth
in paragraphs (1) - (3) of this subsection. The TEA may choose, for the purpose
of minimizing disruption in services due to changes in funding allocation,
to limit the annual amount of changes in funding allocation from one biennium
to the next. This may include limiting the increase or decrease from the prior
year funding to an amount no less than 5.0% and no more than 25% of the change
produced by this subsection and/or establishing minimum and maximum funding
amounts. The TEA shall allocate an amount of funds available for distribution
based on the following criteria:
(1)
an equal base amount of funds, as determined by the TEA;
(2)
no less than 50% nor more than 80% of the specified funding
amount based on a ratio of the relative proportion of students contracted
by the program relative to the total number of students contracted by all
fully-developed CIS programs; and
(3)
no less than 5.0% nor more than 15% of the specified funding
amount on the basis of the weighted financial resources of the individual
communities and school districts, if less than the state average.
(A)
Weighted financial resources will be determined using the
following data elements for the first year of the preceding biennium:
(i)
taxable property values determined in accordance with Government
Code, Chapter 403, Subchapter M, for school districts listed in each program's
contract;
(ii)
students in membership, as reported by the school districts
and verified by the TEA, in school districts listed in each program's contract;
and
(iii)
the number of economically disadvantaged students, as
reported by the school districts and verified by the TEA, in school districts
listed in each program's contract.
(B)
Weighted financial resources of individual communities
and school districts will be determined by:
(i)
calculating the ratio of the number of economically disadvantaged
students in each district divided by the total number of economically disadvantaged
students in the program;
(ii)
dividing the ratio of taxable property value of the district
by the number of students in membership at the district;
(iii)
multiplying the ratios calculated in clauses (i) and
(ii) of this subparagraph for each district; and
(iv)
summing the results of clause (iii) of this subparagraph
for each program.
(d)
CIS program replication and expansion. For program growth,
the TEA may use any one or a combination of the following guidelines.
(1)
Replication. The TEA may determine and retain a base funding
amount for replication of the CIS program in areas of the state that are not
served by a participating CIS program. Replication funds shall be made available
through a competitive request for proposal process. First-year replication
funding may be a one-time planning grant for the development of a business
plan. Any funds not used for replication may be used for expansion.
(2)
Proportion of at-risk students served. An amount determined
by the TEA may be distributed to each individual CIS program based on the
relative proportion of the number of at-risk students, as defined by the TEC, §29.081,
attending school districts served or new districts contracted to be served
by the respective program area compared to the number of at-risk students
in all districts served by CIS.
(3)
Proportion of total students contracted. An amount determined
by the TEA may be distributed to each individual CIS program based on a ratio
of the relative proportion of students contracted by the respective program
relative to the total number of students contracted by all fully-developed
CIS programs.
(4)
Program allocation. An amount determined by the TEA may
be distributed to each individual CIS program based on the ratio of the respective
individual program's total allocation relative to the total amount allocated
to all fully-developed CIS programs.
(5)
Competitive process. Funds may be distributed through a
competitive request for proposal process.
(e)
Other funding. Should additional and/or other funding become
available for CIS, these funds may be made available for local CIS programs
for replication, expansion, and/or special initiatives and allocated through
such processes as the TEA deems appropriate to include the guidelines and
determinations delineated in subsection (d) of this section.
(f)
Special initiatives. The TEA may partner or contract with
other agencies or entities for the purpose of CIS to implement specialized
activities or programs that address dropout prevention. Selection of local
CIS programs for participation in the initiative may be determined by the
TEA and partner, or contractor, depending on the variables of the initiative.
Local CIS programs will have the discretion of whether to participate in the
special initiatives.
(g)
Funding plan. Each local CIS program shall develop a funding
plan which ensures that the level of service is maintained if state funding
is reduced.
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 April 8, 2005.
TRD-200501480
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 475-1497