Part 2.
TEXAS EDUCATION AGENCY
Chapter 61.
SCHOOL DISTRICTS
Subchapter HH. COMMISSIONER'S RULES CONCERNING CLASSROOM SUPPLY REIMBURSEMENT PROGRAM
19 TAC §61.1081
The Texas Education Agency (TEA) proposes an amendment to §61.1081,
concerning the classroom supply reimbursement program. Section 61.1081 establishes
a program whereby classroom teachers may be reimbursed for personal expenditures
made for classroom supplies. The proposed amendment would update several provisions
of the program, including the addition of reimbursements to campus library
media specialists, the replacement of the requirement for a "district policy"
with a "district procedure," and the elimination of the requirement that districts
receiving grant funds create a separate account for these funds.
House Bill 1844, 78th Texas Legislature, 2003, added TEC, §21.413,
that established a program whereby classroom teachers may be reimbursed for
personal expenditures made for classroom supplies. The legislation required
that the commissioner establish the reimbursement program and adopt rules
for the local allocation of funds. TEC, §21.413 specified that a school
district must match any funds provided to the district under the program with
local funds and the funds used to match may not replace local funds. Teachers
may use the funds at their discretion, as long as the use is of benefit to
the district's students. Effective September 1, 2005, the TEC, §21.413,
was renumbered as TEC, §21.414, by the 79th Texas Legislature, 2005.
The commissioner adopted 19 TAC §61.1081, effective January 4, 2004,
to implement legislation by establishing the process for districts to apply
for the Teacher Supply Reimbursement Grant Program funds, the eligibility
requirements for district participation, and the criteria by which the TEA
will evaluate district applications. The rule also addresses other provisions
such as district compliance, disputes about allowable teacher expenditures,
district ownership of durable goods, and the timeline for expenditure of funds
for each school year.
The proposed amendment would update several provisions of the program.
Reimbursement of campus library media specialists would be added in subsections
(a)-(e) whenever reimbursement to teachers is referenced. Senate Bill 1, 79th
Texas Legislature, General Appropriations Act, Rider 60 authorizes the TEA
to include "campus library media specialist" for the reimbursement of personal
expenditures made for classroom supplies. Additional specific updates include
the following.
Subsection (a) regarding the application process would be revised to remove
the requirement that districts submit information about actual local fund
expenditures and to change the requirement that districts report the number
of recipients of reimbursements from the last five years to the last two years.
Subsection (b) regarding eligibility requirements would be revised to eliminate
the requirement that districts receiving grant funds create a Teacher Supply
Reimbursement Grant account separate from other accounts to which the grant
shall be deposited and the requirement that participating districts deposit
local matching funds into the designated account. This revision would also
clarify that local matching funds may be donated by a variety of entities.
The requirement to retain receipts obtained from teachers for reimbursement
would also be eliminated. Subsequent to the rule adoption in 2004, several
business officials expressed concern about the creation of a separate account
for the Teacher Supply Reimbursement Grant funds. They noted that doing so
is not a common practice for business officials and although they track the
funds, opening a separate account is burdensome. The proposed revision included
in subsection (b) would address this concern.
Subsection (c) regarding evaluation criteria would be revised to update
a reference in revised subsection (a).
Subsection (d) regarding other provisions would be revised to clarify that
funds for each grant period must be expended by the end date of that grant
period.
Christi Martin, senior advisor in the office of education initiatives,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendment. The proposed amendment, that
includes expanding the reimbursement program to include campus library media
specialists, would not impact the amount of grant awards.
Ms. Martin has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the amendment would be to allow campus library media specialists, as well
as teachers, to obtain more and better supplies for their classrooms, directly
benefiting student learning. The proposed amendment would also provide flexibility
to school districts applying for and in implementing the specific grant program.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment.
The public comment period on the proposal begins June 2, 2006, and ends
July 2, 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 amendment 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 is proposed under the Texas Education Code (TEC), §21.414,
which authorizes the commissioner of education to adopt rules and establish
a reimbursement program under which the commissioner provides funds to a school
district for the purpose of reimbursing classroom teachers in the district
who expend personal funds on classroom supplies. Rider 60, page III-18, Senate
Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations
Act), extends the reimbursement program to include campus library media specialists.
The amendment implements the Texas Education Code, §21.414, and Rider
60, page III-18, Senate Bill 1, Acts of the 79th Legislature, Regular Session,
2005 (the General Appropriations Act).
§61.1081.Teacher Supply Reimbursement Grant Program.
(a)
Application process. In order to participate in the classroom
supply reimbursement program authorized by Texas Education Code (TEC),
§21.414
[
(1)
a standard Teacher Supply Reimbursement Grant Program district
application;
[
(2)
[
(3)
[
(4)
[
(b)
Eligibility requirements. To be eligible to participate
in the classroom supply reimbursement program, a district will be required
to:
(1)
re-apply to participate each year;
(2)
[
(3)
match individual
[
(4)
ensure that items purchased with
grant
funds
[
(5)
retain ownership of all durable goods purchased under this
program. A district may develop a
procedure
[
[
(6)
[
(c)
Evaluation criteria. Applications to the TEA will be evaluated
on the following criteria:
(1)
information about a district's existing supply reimbursement
program, if applicable;
(2)
the balance between the number of teachers
and campus
library media specialists
receiving reimbursements and the size of the
reimbursements;
(3)
the process by which a district would determine whether
an expenditure meets the student benefit criteria as required in subsection
(a)(4)
[
(4)
the district's size relative to other applicants.
(d)
Other provisions.
(1)
A district found in noncompliance with the provisions specified
in this section must reimburse the state for funds unaccounted for or used
for purposes not meeting the requirements in TEC,
§21.414
[
(2)
A district found to have reduced its local expenditures
may be required to refund the entire grant to the state.
(3)
A district may allow, but not require, teachers
and
campus library media specialists
to pool their respective supply monies
for the purchase of an item, as long as the item meets the student benefit
criteria established by the district.
(4)
Funds for each
grant period
[
(5)
Total reimbursement to an individual teacher
or campus
library media specialist
in a single year from the Teacher Supply Reimbursement
Grant
Program
may not exceed $200. Reimbursements from local funds
may exceed the matching requirement in subsection (b)(3) of this section.
(6)
The reimbursement program may be implemented only if funds
are specifically appropriated by the legislature for the program or if the
commissioner identifies available funds, other than general revenue funds,
that may be used for the program.
(e)
Dispute resolution.
(1)
A determination by the local school district board of trustees
of any dispute involving teacher
or campus library media specialist
reimbursement
is final and may not be appealed to the TEA, except as provided by TEC, §7.057.
Nothing in this provision precludes the TEA from recovering funds from a district
pursuant to an audit.
(2)
A determination by the TEA in the administration of this
program is final and may not be appealed.
(f)
Expiration date. This section, issued under TEC,
§21.414
[
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 May 22, 2006.
TRD-200602859
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: July 2, 2006
For further information, please call: (512) 475-1497
Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
19 TAC §97.1001
(Editor's note: In accordance with Government Code, §2002.014,
which permits the omission of material which is "cumbersome, expensive, or
otherwise inexpedient," the figure in 19 TAC §97.1001 is not included
in the print version of the Texas Register. The Figure is available in the
on-line edition of the June 2, 2006, issue of the Texas Register.)
The Texas Education Agency (TEA) proposes an amendment
to §97.1001, concerning accountability. Section 97.1001 describes the
state accountability rating system and adopts applicable excerpts of the most
recently published accountability manual. The proposed amendment would adopt
applicable excerpts of the
2006 Accountability Manual
, dated May 2006.
Legal counsel with the TEA has recommended that the procedures for issuing
accountability ratings for public school districts and campuses be adopted
as part of the
Texas Administrative Code
.
This decision was made in 2000 given a court decision challenging state agency
decision making via administrative letter/publications. Given the statewide
application of the accountability rating process and the existence of sufficient
statutory authority for the commissioner of education to formally adopt rules
in this area, portions of each annual accountability manual have been adopted
since 2000. The accountability system evolves from year to year so the criteria
and standards for rating and acknowledging schools in the most current year
differ to some degree over those applied in the prior year. The intention
is to annually update 19 TAC §97.1001 to refer to the most recently published
accountability manual.
The proposed amendment to 19 TAC §97.1001 would adopt excerpts of
the
2006 Accountability Manual
, dated May
2006, into rule as a figure. The excerpts,
Chapters
2-6, 8, 10-12, 14-16,
and
Appendix I
of
the
2006 Accountability Manual
, specify the
indicators, standards, and procedures used by the commissioner of education
to determine accountability ratings, both standard and alternative education
accountability (AEA), for districts, campuses, and charter schools. These
chapters also specify indicators, standards, and procedures used to determine
Gold Performance Acknowledgment (GPA) on additional indicators for Texas public
school districts and campuses. In addition, these chapters specify procedures
for submitting an appeal and evaluating districts and campuses impacted by
Hurricanes Katrina and/or Rita. The TEA will issue accountability ratings
under the procedures specified in the
2006 Accountability
Manual
in August 2006. Ratings may be revised as a result of investigative
activities by the commissioner as authorized under TEC, §39.074 and §39.075.
In 2006, campuses and districts will be evaluated using four base indicators:
Texas Assessment of Knowledge and Skills (TAKS) results, completion rates,
annual dropout rates, and student performance on the State Developed Alternative
Assessment (SDAA) II. In 2006, the GPA system will award acknowledgment on
14 separate indicators to districts and campuses rated
Academically Acceptable
or higher: Attendance Rate for Grades 1-12;
Advanced Course/ Dual Enrollment Completion; Advanced Placement/ International
Baccalaureate Results; College Admissions Test Results; Commended Performance
on Reading/ English Language Arts (ELA), Mathematics, Writing, Science and/or
Social Studies; Recommended High School Program/ Distinguished Achievement
Program Participation; Comparable Improvement on Reading/ ELA and Mathematics;
and Texas Success Initiative - Higher Education Readiness Component on ELA
and/or Mathematics.
Criss Cloudt, associate commissioner for accountability and data quality,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendment.
Dr. Cloudt has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the amendment would be to continue to inform the public of the existence of
annual manuals specifying rating procedures for the public schools by including
this rule in the
Texas Administrative Code
.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment.
The public comment period on the proposal begins June 2, 2006, and ends
July 2, 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 amendment 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 is proposed under the Texas Education Code (TEC), §§39.051(c)-(d),
39.072(c), 39.0721, 39.073, and 29.081(e), which authorize the commissioner
of education to specify the indicators, standards, and procedures used to
determine standard accountability ratings and alternative education accountability
ratings and to determine acknowledgment on additional indicators.
The amendment implements the Texas Education Code, §§39.051(c)-(d),
39.072(c), 39.0721, 39.073, and 29.081(e).
§97.1001.Accountability Rating System.
(a)
The rating standards established by the commissioner of
education under Texas Education Code (TEC), §39.051(c) and (d), shall
be used to evaluate the performance of districts, campuses, and charter schools.
The indicators, standards, and procedures used to determine ratings under
both standard and alternative education accountability (AEA) procedures will
be annually published in official Texas Education Agency publications. These
publications will be widely disseminated and cover the following procedures:
(1)
indicators, standards, and procedures used to determine
district ratings;
(2)
indicators, standards, and procedures used to determine
campus ratings;
(3)
indicators, standards, and procedures used to determine
acknowledgment on Additional Indicators; and
(4)
procedures for submitting a rating appeal.
(b)
The standard and alternative procedures by which districts,
campuses, and charter schools are rated and acknowledged for
2006
[
Figure: 19 TAC §97.1001(b) (.pdf)
(c)
Ratings may be revised as a result of investigative activities
by the commissioner as authorized under TEC, §39.074 and §39.075.
(d)
The specific criteria and calculations used in the accountability
manual are established annually by the commissioner of education and communicated
to all school districts and charter schools.
(e)
The specific criteria and calculations used in the annual
accountability manual adopted for school years prior to
2006-2007
[
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 May 22, 2006.
TRD-200602860
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: July 2, 2006
For further information, please call: (512) 475-1497
Subchapter AA. COMMISSIONER'S RULES CONCERNING OPTIONAL EXTENDED YEAR PROGRAM
§21.413
] , a school district must apply
to the Texas Education Agency (TEA) for these funds by a date set by the commissioner
of education. The application must include the following:
(2)
actual total local fund expenditures
on teacher supply reimbursements for school year 2003 if applying during school
year 2004, for school years 2003 and 2004 if applying during school year 2005,
and for the most recent three school years if applying after school year 2005
(to aid in determining if local expenditures are being reduced). Local funds
are all funds over which the district exercises control or approval authority
used to reimburse teachers for tangible items of direct benefit to students;]
(3)
] the number of teachers
and campus library media specialists
who have received reimbursement
for supply purchases in the last
two
[
five
] years;
(4)
] the number of teachers
and campus library media specialists
anticipated to receive reimbursement
under this program and the amount each teacher
and campus library media
specialist
will be eligible to receive; and
(5)
] a district
procedure
[
policy
] that would ensure each teacher
and campus
library media specialist
meets the requirement that an expenditure will
benefit students.
create a Teacher Supply Reimbursement Grant account
separate from other accounts to which the grant shall be deposited and
]
account for funds in accordance with applicable state and federal requirements;
deposit in the designated
account an amount of local funds defined in subsection (a)(2) of this section
at least equal to the greater of the amount of the grant or the previous year's
expenditure on teacher supply reimbursements. Individual
] reimbursements
from the Teacher Supply Reimbursement Grant
Program
[
must
be matched
] with an equal amount of local funds
. Local matching
funds may be donated, or otherwise provided, to the school district by local
community groups, parent/teacher organizations, businesses, professional organizations,
etc.
;
in the designated account
] are tangible items, of direct benefit
to students;
policy
]
allowing each teacher
and campus library media specialist
to retain
ownership of goods of nominal value purchased with grant money;
and
(6)
retain receipts obtained from
teachers for reimbursement and make these records available for audit purposes;
and]
(7)
] return unexpended Teacher
Supply Reimbursement Grant
Program
balances at the end of the state
fiscal year for which they were awarded.
(a)(5)
] of this section; and
§21.413
].
school year
] must be expended by
the end date of that grant period
[
July 31 of that school year
].
§21.413
] , expires September 1, 2007.
Chapter 97.
PLANNING AND ACCOUNTABILITY
2005
] are based upon specific criteria and calculations, which are described
in excerpted sections of the
2006
[
type-name="italic">2005
]
Accountability
Manual
, dated
May 2006
[
June 2005
] , provided
in this subsection.
2005-2006
] remain in effect for all purposes, including accountability,
data standards, and audits, with respect to those school years.
Chapter 105.
FOUNDATION SCHOOL PROGRAM