Part 2.
TEXAS EDUCATION AGENCY
Chapter 61.
SCHOOL DISTRICTS
Subchapter II. COMMISSIONER'S RULES CONCERNING HIGH SCHOOL ALLOTMENT
19 TAC §§61.1091 - 61.1101
The Texas Education Agency (TEA) proposes new §§61.1091
- 61.1101, concerning the high school allotment for school districts. The
proposed new sections would implement provisions for the administration of
high school allotment funds in accordance with the Texas Education Code (TEC), §39.113,
Recognition of High School Completion and Success and College Readiness Programs, §39.114,
High School Allotment, and §42.2516, Additional State Aid for Tax Reduction,
as added by House Bill (HB) 1, 79th Texas Legislature, Third Called Session.
HB 1, 79th Texas Legislature, Third Called Session, amended the TEC by
adding §42.2516(b)(3), which provides additional state aid to districts
for the purpose of improving graduation and college readiness rates, and §39.113
and §39.114, which authorize the commissioner of education to adopt rules
to implement provisions relating to use of this additional state aid referred
to as the high school allotment.
Recognizing that overall graduation and college readiness rates in Texas
high schools, while improving, are still too low, the Texas Legislature provided
additional funds for the purpose of addressing these achievement issues. Specifically,
the Legislature directed that these funds be used for the purposes of: (1)
preparing underachieving students in Grades 9-12 for entrance into institutions
of higher education, (2) encouraging all students in Grades 9-12 to pursue
advanced academic opportunities, (3) providing opportunities for students
to take academically rigorous course work, (4) aligning secondary and postsecondary
curriculum and expectations, and (5) supporting other promising high school
completion and success initiatives in Grades 6-12 approved by the commissioner
of education.
The proposed new rules in 19 TAC Chapter 61, School Districts, Subchapter
II, Commissioner's Rules Concerning High School Allotment, would implement
the statutory provisions of the high school allotment as follows.
Proposed new 19 TAC §61.1091, Definitions, would establish applicable
definitions when used in the context of the new subchapter.
Proposed new 19 TAC §61.1092, Payment of the High School Allotment,
would establish provisions relating to calculation, payment and reconciliation,
and reporting.
Proposed new 19 TAC §61.1093, Use of Funds, would delineate acceptable
programs and activities that may be funded.
Proposed new 19 TAC §61.1094, Exceptions for Alternative Uses of Funds,
would establish that eligible school districts will be identified that may
receive exceptions for alternative uses of the funds.
Proposed new 19 TAC §61.1095, Allowable Expenditures, would identify
allowable expenditures, including textbooks and professional development,
for example.
Proposed new 19 TAC §61.1096, Unallowable Expenditures, would identify
indirect or administrative costs or athletics as unallowable expenditures.
Proposed new 19 TAC §61.1097, Additional High School Completion and
Success Initiatives Approved by the Commissioner, would establish procedures
for submitting initiatives for commissioner approval for uses other than those
specified.
Proposed new 19 TAC §61.1098, Policy Advisory Group, would describe
the composition and role of an advisory group that would review activities
and programs implemented with high school allotment funds and make recommendations
to the commissioner.
Proposed new 19 TAC §61.1099, School District Annual Performance Review,
would set forth requirements relating to local school district establishment
and continuation of annual performance goals for programs, activities, and
strategies implemented with high school allotment funds.
Proposed new 19 TAC §61.1100, Evaluation of Programs, would describe
the TEA evaluation of programs implemented with high school allotment funding.
Proposed new 19 TAC §61.1101, Standards for Selecting and Methods
for Recognizing Districts and Campuses Offering Exceptional Programs, would
describe the process and standards for selecting recognized districts and
campuses. The proposed new section would also specify that recognition methods
would be established by the commissioner.
Districts will report the use of these funds in the same manner as other
allotments using separate accounting to enable the TEA to report back to the
Legislature on the effectiveness of the allotment.
Stakeholder meetings and forums were held and input received during the
development of the proposed new sections. These meetings include the June
7 - 8, 2006, meeting with the Texas Association of Secondary School Principals;
the June 26 - 27, 2006, summer conference of the University of Texas/Texas
Association of School Administrators; and the July 20, 2006, public stakeholder
meeting.
Christi Martin, Senior Advisor in the Office of Education Initiatives,
has determined that for the first five-year period the new sections are in
effect there will be fiscal implications for state and local government as
a result of enforcing or administering the new sections. The proposed new
sections implementing HB 1 provide a high school allotment of $275 for each
student in average daily attendance in Grades 9-12. This cost is included
in the current appropriations. The estimated expenditure for the state for
fiscal year 2007 is $318,565,150 with an estimated increase of approximately
2.2% per year for each of the next five years.
Ms. Martin 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 new sections will be the provision of financial support and guidance to
districts and charter schools. This program is expected to: (1) increase the
percentage of students graduating from high school, (2) increase enrollment
in advanced courses, (3) increase the percentage of students successfully
graduating on the Recommended High School Program and Distinguished Achievement
Program, and (4) increase the percentage of students who achieve the higher
education readiness component qualifying scores on both the English language
arts and the mathematics sections of the exit-level Texas Assessment of Knowledge
and Skills. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the proposed new
sections.
The public comment period on the proposal begins August 18, 2006, and ends
September 17, 2006. 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
(TEC), §39.113(b), which authorizes the commissioner to adopt rules for
the administration of programs for recognition of high school completion and
success and college readiness, §39.114(d), which authorizes the commissioner
to adopt rules to administer provisions relating to high school allotment
funds, and §42.2516(k), which authorizes the commissioner to adopt rules
necessary to administer provisions relating to additional state aid for tax
reduction.
The new sections implement the Texas Education Code, §§39.113,
39.114, and 42.2516.
§61.1091.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Academically rigorous course work--Academically rigorous
course work is an academically intense and high-quality program of study that
provides students with the information and skills necessary to successfully
enroll in entry-level courses at an institution of higher education without
the need for developmental course work. Academically rigorous coursework includes
four years of math and four years of science at the high school level.
(2)
Advanced academic opportunity--An advanced academic opportunity
includes the following:
(A)
advanced courses, such as College Board advanced placement
and International Baccalaureate courses, and others as defined in §74.30
of this title (relating to Identification of Advanced Courses), with the exception
of the Social Studies Advanced Studies;
(B)
dual enrollment courses for which students receive both
high school and college credit, as limited by §74.25 of this title (relating
to High School Credit for College Courses);
(C)
an original research/project as defined by §74.54
of this title (relating to Distinguished Achievement High School Program--Advanced
High School Program) or by §74.64 of this title (relating to Distinguished
Achievement High School Program--Advanced High School Program); and
(D)
advanced technical credit courses.
(3)
College readiness program--A college readiness program
is any program, activity, or strategy designed to do either of the following:
(A)
increase the number of students who are academically prepared
to enroll in entry-level courses at institutions of higher education without
the need for developmental course work; or
(B)
increase the number of students who enroll in institutions
of higher education.
(4)
Developmental course work--As defined in §4.53 of
this title (relating to Definitions), developmental course work refers to
non-degree-credit course work designed to address a student's deficiencies.
(5)
High school allotment--The high school allotment refers
to funds allocated under the Texas Education Code (TEC), §42.2516(b)(3).
(6)
High school completion and success initiative--A high school
completion and success initiative is any program, activity, or strategy designed
to do the following:
(A)
improve student achievement in high school; and
(B)
increase the number of students who graduate from high
school.
(7)
Institution of higher education--An institution of higher
education is any public technical institute, public junior college, public
senior college or university, medical or dental unit, or other agency of higher
education as defined in the TEC, §61.003.
(8)
School district--For the purposes of this subchapter, an
open-enrollment charter school is considered a school district.
§61.1092.Payment of the High School Allotment.
(a)
In accordance with the Texas Education Code (TEC), Chapter
42, Subchapter E, the Texas Education Agency (TEA) shall distribute funds
to school districts for the purpose of payment of the high school allotment,
as specified by the provisions in this subchapter.
(b)
Each school district shall provide to the TEA an estimate
of student enrollment for Grades 9-12 for the school district in a manner
established by the commissioner of education.
(c)
High school allotment funds shall be distributed to each
school district as a part of regularly scheduled state aid payments according
to the district's Foundation School Program payment schedule.
(d)
School districts shall account for the receipt and expenditure
of funds distributed under the TEC, §42.2516(b)(3), in accordance with §109.41
of this title (relating to Financial Accountability System Resource Guide).
Specific procedures for reporting the receipt and expenditure of high school
allotment funds may be established by the commissioner.
§61.1093.Use of Funds.
In accordance with the Texas Education Code, §39.114(a), high
school allotment funds may be spent on the following, which, unless otherwise
noted, shall be targeted toward Grades 9-12:
(1)
programs that provide underachieving students with the
following:
(A)
instruction in study skills for success in college level
work;
(B)
academic and community support for success in college preparatory
classes; and
(C)
information about and access to college and financial aid;
(2)
activities designed to increase the number of students
who take preparatory college entrance examinations and college entrance examinations;
(3)
programs that increase the number of students who enroll
and succeed in College Board advanced placement courses and International
Baccalaureate courses;
(4)
programs that increase the number of students who take
College Board advanced placement examinations and International Baccalaureate
examinations;
(5)
programs that expand participation in dual enrollment or
concurrent enrollment courses;
(6)
activities designed to increase access for underachieving
students to college and financial aid;
(7)
activities designed to create a college-going culture within
a district or on a campus;
(8)
early college high school programs that provide at-risk
students and other students with the opportunity to graduate from high school
with an associate's degree or 60 hours of credit toward a baccalaureate degree;
(9)
programs that provide academic support and instruction
to increase the number of students who complete the Recommended High School
Program or the Distinguished Achievement Program as defined in Chapter 74,
Subchapter E, of this title (relating to Graduation Requirements, Beginning
with School Year 2004-2005), or Chapter 74, Subchapter F, of this title (relating
to Graduation Requirements, Beginning with School Year 2007-2008);
(10)
strategies that create small learning communities, advocacy
programs, or advisory programs for students;
(11)
programs or activities that create individualized high
school graduation and postsecondary plans for students;
(12)
programs that ensure that students have access to rigorous
curriculum, effective instruction, and timely formative assessment;
(13)
programs that create opportunities for middle and high
school educators and college and university faculty to jointly identify college
and secondary curricular requirements and expectations and develop means to
align these requirements and expectations;
(14)
summer transition programs and other programs that provide
academic support and instruction for students entering Grade 9; and
(15)
other high school completion and success initiatives as
approved by the commissioner of education.
§61.1094.Exceptions for Alternative Uses of Funds.
In accordance with the Texas Education Code (TEC), §39.114(b),
before the beginning of the 2008-2009 school year, the commissioner of education
shall identify school districts that are eligible for exceptions for alternative
uses of high school allotment funds.
§61.1095.Allowable Expenditures.
(a)
A school district may use high school allotment funds to
support a program or activity that is currently in place in the district or
on a campus, provided that the program satisfies at least one of the permissible
uses of funds identified in the Texas Education Code (TEC), §39.114(a),
and further defined in §61.1093 of this title (relating to Use of Funds).
(b)
A school district may spend high school allotment funds
on the following, provided these items are for uses identified in the TEC, §39.114(a),
and further defined in §61.1093 of this title:
(1)
tuition and fees;
(2)
textbooks and other instructional materials;
(3)
transportation;
(4)
equipment, including science laboratory equipment;
(5)
technology;
(6)
parent and community involvement and outreach;
(7)
professional development;
(8)
technical assistance services;
(9)
performance reward and incentive programs for students;
(10)
personnel costs, including salaries and benefits;
(11)
stipends and extra-duty pay; and
(12)
performance reward and incentive programs established
in district policy or employment contracts.
(c)
School districts may pool high school allotment funds to
implement multi-district programs for the uses of funds identified in the
TEC, §39.114(a), and further defined in §61.1093 of this title.
§61.1096.Unallowable Expenditures.
A school district may not spend high school allotment funds on indirect
or administrative costs or athletic programs.
§61.1097.Additional High School Completion and Success Initiatives Approved by the Commissioner.
(a)
In order to implement high school completion and success
initiatives for students in Grades 6-12 other than those programs, activities,
and strategies identified for Grades 6-12 in the Texas Education Code (TEC), §39.114(a),
or further defined in §61.1093 of this title (relating to Use of Funds),
a school district must apply to the Texas Education Agency (TEA), by a date
set by the commissioner of education. The application must include a standard
application as required by the TEA division responsible for approving high
school completion and success initiatives under this subchapter. No application
is needed to implement programs in accordance with §61.1093 of this title.
(b)
The TEA shall review and consider approval of applications
submitted under this section.
(c)
The TEA may consider criteria that include, but are not
limited to, the following when determining whether to approve an application:
(1)
indications that the initiative will improve student performance
in relation to the performance indicators established in §61.1099 of
this title (relating to School District Annual Performance Review);
(2)
evidence that activities under the initiative address the
needs of the target population participating in the initiative;
(3)
indications that the design of the initiative reflects
up-to-date knowledge about high school completion and success and/or college
readiness and effective practices;
(4)
the qualifications, experience, or certifications of personnel
or external consultants involved in the initiative; and
(5)
the appropriateness of proposed expenditures.
(d)
A school district that receives approval from the TEA to
implement a high school completion and success initiative under this section
may be required to re-apply for approval each year.
(e)
The TEA may identify specific programs, activities, and
strategies that are approved for use in the expenditure of high school allotment
funds in addition to those identified in the TEC, §39.114(a), or further
defined in §61.1093 of this title.
§61.1098.Policy Advisory Group.
(a)
The commissioner of education may create an advisory group
composed of stakeholders, including the following:
(1)
representatives from school districts;
(2)
representatives from institutions of higher education;
(3)
experts with high school completion and success and college
readiness experience; and
(4)
other interested stakeholders.
(b)
The advisory group may review activities and programs implemented
with high school allotment funds and make recommendations to the commissioner
regarding the following:
(1)
standards for evaluating the success and cost-effectiveness
of high school completion and success and college readiness programs implemented
with high school allotment funds;
(2)
criteria for identifying and disseminating promising practices
and strategies; and
(3)
guidance for school districts and campuses in establishing
and improving high school completion and success and college readiness programs
implemented with high school allotment funds.
(c)
If requested by the commissioner, the advisory group shall
make recommendations regarding standards for selecting and methods for recognizing
school districts and campuses with exceptional high school completion and
success and college readiness programs implemented with high school allotment
funds.
§61.1099.School District Annual Performance Review.
(a)
At a public hearing of the board of trustees, each school
district shall establish annual performance goals for programs, activities,
and strategies implemented with high school allotment funds related to the
following performance indicators:
(1)
percentage of students graduating from high school;
(2)
enrollment in advanced courses, including College Board
advanced placement courses, International Baccalaureate courses, and dual
or college credit courses;
(3)
percentage of students successfully graduating on the Recommended
High School Program or Distinguished Achievement Program described in Chapter
74, Subchapter E, of this title (relating to Graduation Requirements, Beginning
with School Year 2004-2005), or Chapter 74, Subchapter F, of this title (relating
to Graduation Requirements, Beginning with School Year 2007-2008);
(4)
percentage of students who achieve the higher education
readiness component qualifying scores on the English language arts section
of the exit-level Texas Assessment of Knowledge and Skills (TAKS); and
(5)
percentage of students who achieve the higher education
readiness component qualifying scores on the mathematics section of the exit-level
TAKS.
(b)
Annually, each school district shall review its progress
in relation to the performance indicators specified in subsection (a) of this
section. Progress should be assessed based on information that is disaggregated
with respect to race, ethnicity, gender, and socioeconomic status.
(c)
Each school district shall ensure that decisions about
the continuation or establishment of programs, activities, and strategies
implemented with high school allotment funds are based on:
(1)
state assessment results and other student performance
data;
(2)
standards for success and cost-effectiveness as established
by the commissioner of education in accordance with the Texas Education Code
(TEC), §39.113(a)(1); and
(3)
guidance for improving high school completion and success
and college readiness programs as established by the commissioner in accordance
with TEC, §39.113(a)(2).
§61.1100.Evaluation of Programs.
(a)
The Texas Education Agency (TEA) shall evaluate programs
implemented with high school allotment funds based on the following:
(1)
performance indicators as established in §61.1099
of this title (relating to School District Annual Performance Review); and
(2)
standards for success and cost-effectiveness as established
by the commissioner in accordance with the Texas Education Code (TEC), §39.113(a)(1).
(b)
In addition to the evaluation on the indicators identified
in subsection (a) of this section, school districts shall be evaluated based
on the academic quality indicators in the TEA's performance-based monitoring
system and other compliance requirements.
§61.1101.Standards for Selecting and Methods for Recognizing Districts and Campuses Offering Exceptional Programs.
(a)
In accordance with the Texas Education Code (TEC), §39.113(a)(3),
by January 1 of each year, beginning in 2008, the commissioner of education
shall select for recognition districts and campuses that offer exceptional
high school completion and success and college readiness programs implemented
with high school allotment funds.
(b)
The standards for selecting school districts and campuses
with exceptional high school completion and success and college readiness
programs shall be established by the commissioner of education.
(c)
The standards for selection shall be based on information
that is disaggregated with respect to race, ethnicity, gender, and socioeconomic
status. Standards for selection shall include consideration of district and
campus performance in relation to the following:
(1)
performance indicators as established in §61.1099
of this title (relating to School District Annual Performance Review);
(2)
standards for success and cost-effectiveness as established
by the commissioner in accordance with the TEC, §39.113(a)(1); and
(3)
district or campus improvement relative to districts and
campuses that exhibit similar characteristics of students served by the campus
or district, including, but not limited to, past academic performance, socioeconomic
status, ethnicity, and limited English proficiency.
(d)
The methods for recognizing school districts and campuses
that offer exceptional high school completion and college readiness programs
implemented with high school allotment funds shall be established by the commissioner.
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 August 7, 2006.
TRD-200604043
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: September 17, 2006
For further information, please call: (512) 475-1497
Subchapter FF. COMMISSIONER'S RULES CONCERNING GOVERNOR'S EDUCATOR EXCELLENCE AWARD PROGRAMS
Chapter 102.
EDUCATIONAL PROGRAMS