Texas Administrative Code Title 19

Education: As effective August 6, 2010

Chapter 102

Subchapter A

§102.1: State Engineering and Science Recruitment Fund (SENSR) Grant Program

(a) Purpose. In accordance with the Texas Education Code (TEC), Chapter 51, Subchapter M, the purpose of the State Engineering and Science Recruitment Fund (SENSR) grant program is to support the recruitment of women and minorities into engineering and science programs. The SENSR grant fund also provides assistance in preparing women and minorities for, or participating in, programs leading to an undergraduate degree in engineering or science from a university or college.

(b) Administration. The SENSR fund shall be administered by the commissioner of education as provided by the TEC, §51.603.

(c) Application. In order to participate in the SENSR program, eligible entities must submit an application in a format prescribed by the commissioner of education and by a date set by the commissioner in the application. The application must provide for an eligible entity to:

(1) demonstrate compliance with the criteria established in the TEC, §51.606(a);

(2) estimate the number of initial student participants;

(3) describe the organization's current or proposed methodology for maintaining records for tracking student progress between one project and another;

(4) describe how the projects interact with each other in moving female and/or underrepresented minority group students along a continuum of programs and into the disciplines in science, engineering, or mathematics related to science and engineering in institutions of higher education;

(5) describe techniques for sharing information about program experience, exemplary practices, etc., among the organization's various programs; and

(6) describe how the organization ensures that minority higher education institutions and community colleges are involved in the programs and how concentrations of disadvantaged youth may also be served.

(d) Allocation. As required in the TEC, §51.605, the SENSR fund shall be allocated by the commissioner of education in proportion to the percentage of women and underrepresented minority group students participating in eligible programs.

(1) For any program, funds provided may not exceed an amount designated by the commissioner of education or 50% of the contributions received by the program in the preceding fiscal year, whichever is less.

(2) Project funding for a subsequent year will be based on satisfactory progress of the previous year's objectives and activities and on general budget approval by the commissioner of education and the state legislature.

(3) Funds shall be allocated to programs that ensure compliance with criteria established in the TEC, §51.605(a).

(e) Use of funds. Funds may be requested only for those items that are reasonable and necessary for accomplishing the objectives of the program as defined in the program application. Funds granted through this project must be used for those purposes described in the application. Grant recipients may elect to use additional resources and other sources of financial support to help maximize the effectiveness of the project goals and objectives.

(f) Audit of funds. The Texas Education Agency may audit, disallow, and recover funds. A decision to award, audit, disallow, or recover funds by the commissioner or commissioner's designee is final.

(g) Evaluation. As part of its annual evaluation, required in the TEC, §51.608, each grant recipient must provide the following information in the format designated by the commissioner of education:

(1) data related to the recruitment efforts;

(2) the total number of students who actually participated in the program; and

(3) a final report on the use of funds and activities conducted, as well as information related to the achievement of the stated objectives.

Comments

Source Note: The provisions of this §102.1 adopted to be effective May 28, 2006, 31 TexReg 4196

Subchapter AA

§102.1001: Head Start Educational Component Grant Program

(a) Each applicant seeking funding through the Head Start Educational Component Grant Program under the Texas Education Code, §29.156, must submit an application in a format prescribed by the commissioner of education through a request for application (RFA). Once funded, the applicant shall comply with the provisions of the Texas Education Code, §29.156, and the Texas Human Resources Code, Chapter 72.

(b) Eligible applicants include public, private, nonprofit, or for-profit organizations or agencies operating a federal Head Start Program or similar government-funded early childhood care and education programs. Head Start Program is defined as the federal program established under the Head Start Act (42 United States Code, §9831 et seq.) and its subsequent amendments.

(c) An eligible applicant receiving funds under this program must provide educational services to all children participating in the program so that each child is prepared to enter school and is ready to learn after completing the program. The educational services must include components designed to enable a child to:

(1) develop phonemic, print, and numeracy awareness, including the ability to:

(A) recognize that letters of the alphabet are a special category of visual graphics that can be individually named;

(B) recognize a word as a unit of print;

(C) identify at least ten letters of the alphabet; and

(D) associate sounds with written words;

(2) understand and use language to communicate for various purposes;

(3) understand and use an increasingly complex and varied vocabulary;

(4) develop and demonstrate an appreciation of books; and

(5) progress toward mastery of the English language, if the child's primary language is a language other than English.

(d) Minimal levels of overall program performance, including education performance standards, must be incorporated into the program to ensure the school readiness of children participating in the program upon completion of the Head Start Program and prior to entering school.

(e) Applicants will be required to assess the impact of the services provided to children to ensure that the children participating in the program are able to demonstrate the educational components specified in subsection (c) of this section.

(f) Program funds must be used in accordance with the requirements stated in the RFA. All costs under the Head Start Educational Component Grant Program must be necessary and reasonable for carrying out the objectives of the program and for the proper and efficient performance and administration of the program.

(g) For audit purposes, applicants must maintain documentation to support each of the requirements of this section.

Comments

Source Note: The provisions of this §102.1001 adopted to be effective December 26, 1999, 24 TexReg 11334

§102.1002: Prekindergarten Early Start Grant Program

(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise.

(1) Eligible student--A child is eligible for enrollment in a prekindergarten class under this section if the child is at least three years of age and meets eligibility criteria consistent with the Texas Education Code (TEC), §29.153.

(2) Licensed child care--Child care that meets the requirements adopted by the Texas Department of Family and Protective Services under the Human Resources Code, §42.002(3).

(3) Nonprofit--An organization that meets the requirements of the United States Code, Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Section 501(a).

(4) Partner--A non-public school organization collaborating with a public school to provide an educational component to eligible prekindergarten children.

(5) Prekindergarten Early Start Grant Program--A program established in accordance with the TEC, §29.155, to administer grant funds to implement and expand prekindergarten programs. This grant program was formerly known as the Prekindergarten Expansion Grant Program.

(6) Prekindergarten site--A public or non-public school classroom where teachers work with three- and four-year-old children in a prekindergarten school readiness program.

(7) Proven school readiness components--The components of proven school readiness are:

(A) a high-quality, developmentally appropriate, and rigorous curriculum;

(B) continuous monitoring of student progress in the classroom; and

(C) professional development, including mentoring, to promote student achievement.

(8) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.

(9) School readiness certification system--In accordance with the TEC, §29.161, the school readiness certification system is a valid, research-based automated system provided by the State Center for Early Childhood Development through which an early childhood education program submits an application demonstrating the program's record of cognitive, social, and emotional development of young children to be certified as a school ready program.

(10) School readiness integration--In accordance with the TEC, §29.158, school readiness integration refers to cooperative strategies to share resources across public and non-public program delivery organizations in a community or communities that may include, but are not limited to:

(A) sharing certified or highly qualified teachers so that every child in each targeted classroom receives a minimum of three hours of high-quality skill development consistent with developing children's social and emotional well-being;

(B) developing a comprehensive instructional framework, based on the Texas Prekindergarten Guidelines, consisting of common performance goals that encompass the unique characteristics of each individual organization responsible for preparing young children for school success;

(C) sharing physical space if one organization lacks capacity while another has available capacity;

(D) conducting joint professional development programs that focus on proven school readiness components, including the Texas Prekindergarten Guidelines; and

(E) adopting similar approaches to student progress monitoring to inform classroom instruction.

(11) School readiness integration partnership--A collaboration among public prekindergarten programs and local workforce development boards, Head Start providers, college or university early childhood programs, and/or providers of private for-profit or nonprofit licensed child care services that provides a school readiness component to eligible prekindergarten students.

(12) School ready or school readiness--A term that refers to a child being able to function competently in a school environment in the areas of early language and literacy, mathematics, and social skills as objectively measured by state-approved assessment instruments.

(13) Shared services arrangement (SSA)--An agreement between two or more school districts and/or education service centers (ESCs) that provides services for entities involved.

(14) State Center for Early Childhood Development (SCECD)--The state center for early childhood education research and training for early childhood teachers and caregivers administered by The University of Texas Health Science Center at Houston.

(15) Texas Prekindergarten Guidelines--Guidelines approved by the commissioner of education that offer detailed descriptions of expected behaviors across multiple skill domains that should be observed in four- to five-year-old children by the end of their prekindergarten experience. The guidelines are to prepare prekindergarten children to master the skills and concepts in each subject area specified in §74.1 of this title (relating to Essential Knowledge and Skills) in the kindergarten Texas Essential Knowledge and Skills.

(16) Tier 1 grantee--An applicant, with an average student performance over the last three consecutive years on the Grade 3 assessment instruments administered under the TEC, §39.023, substantially below the state average for this time period that meets one of the following:

(A) has not previously received Prekindergarten Expansion Grant funding; or

(B) has previously received Prekindergarten Expansion Grant funding but did not participate in Cycle 14 (school year 2008-2009).

(17) Tier 2 grantee--An applicant that participated in Cycle 14 of the Prekindergarten Expansion Grant Program (school year 2008-2009) that is eligible to receive continuation funding due to the applicant's above state average student performance over the last three consecutive years on the Grade 3 assessment instruments administered under the TEC, §39.023.

(18) Tier 3 grantee--An applicant that participated in Cycle 14 of the Prekindergarten Expansion Grant Program (school year 2008-2009) that is eligible to receive continuation funding on the basis of the applicant's substantially below state average Grade 3 student performance over the last three consecutive years on the Grade 3 assessment instruments administered under the TEC, §39.023.

(b) Eligibility. Eligible applicants include school districts, open-enrollment charter schools, and ESCs operating as the fiscal agent of an SSA. An applicant may apply for Prekindergarten Early Start Grant Program funds if the applicant:

(1) establishes a school readiness integration partnership; and

(2) demonstrates how the applicant will measure student progress based on proven school readiness components and the school readiness certification system in accordance with TEC, §29.161.

(c) Application and grant award.

(1) An eligible applicant must submit a Prekindergarten Early Start Grant Program application in accordance with the instructions provided by the Texas Education Agency (TEA).

(2) An applicant must document in the grant application its locally adopted procedures for:

(A) determining which eligible students will participate in the program;

(B) implementing a strategic plan encouraging eligible students to attend the program; and

(C) sustaining the level of program quality and services following the term of the grant period.

(3) Each applicant shall provide evidence that before establishing a new prekindergarten program, the school district considered the possibility of sharing use of an existing Head Start or other licensed child care prekindergarten site as a prekindergarten site.

(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection for funding. In the case of an application selected for funding, notification to the grantee will include the contractual conditions which the grantee must accept in accordance with state law.

(e) Funding. Funding allocations may take into account the percentage of educationally disadvantaged students served in the district, in addition to other funding allocation methods as determined by the commissioner annually in the grant application. Contingent upon adequate appropriations, distribution of funds will be according to the following funding structure.

(1) Tier 1 funding. The highest percentage of available funding, as determined annually in the grant application, will be proportionately awarded to Tier 1 grantees. Funding will be provided for a period not to exceed five years from year one of grant application approval and will be based on annual accomplishment of grant objectives and requirements set forth in the application in subsequent years of the five-year cycle.

(2) Tier 2 funding. A percentage of available funding, as determined annually in the grant application, will be awarded to Tier 2 grantees. Funding will be provided for a period not to exceed three years from year one of grant application approval and will be based on annual accomplishment of grant objectives and requirements set forth in the application in subsequent years of the three-year cycle.

(3) Tier 3 funding. A percentage of available funding, as determined annually in the grant application, will be awarded to Tier 3 grantees. Funding will be provided for a period not to exceed two years. Tier 3 grantees will apply annually and shall be required to participate in intensive technical assistance provided by the SCECD focused on proven school readiness components aligned with the Texas Prekindergarten Guidelines.

(f) Allowable expenditures. Allowable expenditures include, but are not limited to, the following:

(1) expenditures related to the continuation of existing full-day prekindergarten programs;

(2) personnel costs related to the teaching personnel needed to expand prekindergarten programs to meet the requirements of at least six hours of instruction by a certified teacher each day;

(3) curriculum materials based on scientific research that are consistent with the Texas Prekindergarten Guidelines and designed to improve the school readiness of preschool children;

(4) equipment, including computers and other technology;

(5) leases for space for prekindergarten programs;

(6) costs associated with developing plans for and entering into integrated school readiness partnerships, including costs associated with infrastructure and administration of the program and partnership;

(7) training activities on proven school readiness components conducted by the SCECD or another provider;

(8) costs associated with the grantee's participation in the school readiness certification system; and

(9) indirect costs.

(g) Unallowable expenditures. Grant funds may not be expended on the following:

(1) portable buildings;

(2) construction of classroom space;

(3) renovation or remodeling of existing space; or

(4) expenditures related to students who are not eligible for the program.

(h) Conditions of operation.

(1) Each grantee must agree to submit all information requested by the TEA through periodic activity/progress reports, a final evaluation report, and other activities related to the evaluation of the program. Reports must be submitted in the prescribed time and must contain all requested information in the prescribed format. These reports will be used by the TEA to evaluate the implementation and progress of grant-funded programs and to determine if modifications or adjustments to the program are necessary.

(2) Each grantee must provide a prekindergarten program designed to develop children's school readiness that is aligned with the Texas Prekindergarten Guidelines.

(3) Each grantee must collaborate in a school readiness integration partnership as established in its grant application. In coordinating school readiness services under this section and in making any related decision to contract with partners such as local workforce development boards, Head Start and Early Head Start providers, licensed child care providers, or other licensed private for-profit or nonprofit child care services providers, a school district shall give preference to entities willing to commit through mutual agreement to implement proven school readiness components that are aligned with the Texas Prekindergarten Guidelines, including participation in:

(A) the school readiness certification system in accordance with the TEC, §29.161;

(B) a nationally recognized accrediting organization approved by the Texas Workforce Commission and the Texas Department of Family and Protective Services; or

(C) the Texas Rising Star Provider certification program administered by the Texas Workforce Commission.

(4) Each grantee must develop and implement, throughout the duration of the grant period, a sustainability plan to continue the quality and level of services of the program after the grant period ends. The sustainability plan must include continuation of the school readiness integration plan and participation in the school readiness certification system.

(i) Subsequent funding. All subsequent funding will be awarded according to the tier funding structure described in subsection (e) of this section. To receive subsequent funding for the Prekindergarten Early Start Grant Program, all grantees must reapply for funding each year of the grant cycle and meet all applicable performance standards included in the prior year's grant agreement. In addition, the following provisions apply.

(1) A Tier 2 grantee applying for funding in years two and three must present valid, research-based empirical data as evidence that the grantee has implemented a prekindergarten program that includes proven school readiness components. After three years of not receiving funds subsequent to the end of the last year of the three-year grant cycle, a Tier 2 grantee will be eligible to reapply for funding as a Tier 1 applicant if the school district's Grade 3 performance on the assessment instruments administered under the TEC, §39.023, is substantially below the state average, as defined in the grant application.

(2) A Tier 3 grantee will be eligible to reapply for funding as a Tier 2 grantee after the initial two-year cycle if the grantee's Grade 3 student performance level demonstrates improvement, based on valid and reliable measurement by the school readiness certification system, by the end of the grant period.

(j) Exemptions.

(1) The requirement in subsection (h)(3) of this section for a school readiness integration partnership may be exempted if Head Start and/or licensed child care programs required for school readiness integration planning are unavailable in a local community. A school district must provide proof of inability to enter into a school readiness integration partnership by submitting an Exemption Request form in the grant application signed by the superintendent or his/her designee, including a statement signed by the authorized member of the school district's board of trustees certifying inability to submit the required school readiness integration plan based upon unavailability of eligible entities and programs with which to coordinate. An open-enrollment charter school board may also provide a statement certifying inability to enter into a school readiness integration plan based on limitations of the approved charter.

(2) All requests for exemptions from program requirements must be submitted as part of the application.

(3) A grantee that does not administer the Texas Primary Reading Inventory (TPRI) or Tejas LEE by the effective date of this section may request an exemption from the requirement in subsection (b)(2) of this section to participate in the school readiness certification system. The grantee, however, will be required to establish a policy for providing another source of valid and reliable data to demonstrate program effectiveness. Approval of a request for an exemption from the requirement to participate in the school readiness certification system will also apply to the condition of operation specified in subsection (h)(3)(A) of this section.

(k) Technical assistance. The TEA or its contractors will provide technical assistance, contingent on available funding, to implement proven school readiness components to selected school districts and their school readiness integration partners. Based on a comprehensive analysis of student performance, periodic activity/progress reports, final evaluation reports, and other relevant data from grantees, selected grantees and their school readiness integration partners will be required to participate in the technical assistance.

(l) Evaluation. Each grantee operating a prekindergarten program using Prekindergarten Early Start Grant Program funds must comply with evaluation procedures consistent with the TEC, §29.154, in a manner established by the commissioner. Annual submission of evaluation reports based on program quality and student performance will be required in the manner and time set forth in the application for funding.

(m) Revocation.

(1) The commissioner may revoke a grant award for the Prekindergarten Early Start Grant Program based on the following factors:

(A) noncompliance with application assurances and/or the provisions of this section;

(B) lack of program success as evidenced by progress reports and program data;

(C) failure to participate in data collection and audits;

(D) failure to meet performance standards specified in the application; or

(E) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the Prekindergarten Early Start Grant Program.

(2) A decision by the commissioner to revoke the grant award of a Prekindergarten Early Start Grant Program is final and may not be appealed.

(n) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.

(o) Implementation. The funding structure delineated in subsection (e) of this section takes effect beginning with school year 2009-2010.

Subchapter BB

§102.1011: Master Reading Teacher Grant Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Identified high-need campus--An identified 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 of education. An identified high-need campus does not include:

(A) a discipline alternative education program operated under the Texas Education Code (TEC), §37.008;

(B) a juvenile justice alternative education program; and

(C) a campus where fewer than 30 students took the statewide assessment in reading over the previous three school years for which data are considered.

(2) Master reading teacher--An educator who is employed by a school district and has satisfactorily completed the requirements for master reading teacher certification. The master reading teacher teaches reading and serves as a reading teacher mentor to other teachers.

(3) Master Reading Teacher Grant Program--An annual grant program established in accordance with the TEC, §21.410, under which a school district may apply to the commissioner of education for a grant to pay stipends to selected certified master reading teachers who teach at high-need campuses, in accordance with the provisions of this section.

(4) School district--For the purposes of this section, the definition of school district includes open-enrollment charter school.

(5) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.

(b) Purpose. The Master Reading Teacher Grant Program is established to encourage teachers to:

(1) become certified as master reading teachers; and

(2) work with other teachers and with students in order to improve student reading performance.

(c) Qualifications. A certified master reading teacher is:

(1) 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

(2) a person who holds a teaching certificate who:

(A) has at least three years of teaching experience;

(B) has satisfactorily completed a course of instruction approved by the SBEC for the purpose of becoming a master reading teacher; and

(C) has successfully performed on the master reading teacher certification examination prescribed by the SBEC.

(d) Primary duties. The primary duties of a master reading teacher are to teach reading and to serve as a reading teacher mentor to other teachers for the amount of time and in the manner established by the school district.

(1) 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, constructs, and administers appropriate reading assessments on an ongoing basis and uses the results to design, inform, and adjust reading instruction to promote student achievement;

(C) applies knowledge of primary and secondary language acquisition, reading difficulties, and dyslexia and related reading disorders to facilitate and promote literacy;

(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.

(2) A reading teacher mentor:

(A) provides mentoring and leadership that facilitate appropriate standards-based and research-based reading 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.

(e) Campus eligibility. Test score averages for the statewide assessment in reading for the three previous years will be used to identify a high-need campus.

(1) A school district may receive a grant to pay state stipends for up to three certified master reading teachers per identified high-need campus as determined annually by the commissioner.

(2) Following the initial year of the grant, a district is not required to reapply for a grant for two consecutive years if the district:

(A) continues to pay a stipend as provided by this subsection;

(B) notifies the commissioner, in accordance with the application instructions, that the circumstances on which the grant was based have not changed; and

(C) notifies the commissioner of changes in the circumstances on which the grant was based, including:

(i) number of months of the teacher's service under master reading teacher certification;

(ii) new designated master reading teachers on previously unserved identified high-need campuses, as defined in subsection (a)(1) of this section;

(iii) changes in designated master reading teachers on already served identified high-need campuses; and

(iv) additional changes affecting the Master Reading Teacher Grant Program, including any information required by the commissioner.

(f) Allocation and use of funds. A school district may apply to the commissioner for grants for each identified high-need campus as defined in subsection (a)(1) of this section to be used to pay a year-end stipend to certified master reading teachers in accordance with this section.

(1) The application must contain a certification by the school superintendent that the grants will be used only for the purpose set forth in the TEC, §21.410.

(2) 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.

(3) Grant funds can only be used for the purpose of paying a year-end stipend to a master reading teacher, as defined in subsections (a)(2) and (c) of this section, whose primary duties are to teach reading and to serve as a reading teacher mentor to others for the amount of time and in the manner established by the school district.

(g) Payments. A decision of the commissioner concerning the amount of money to which a school district is entitled under this section is final and may not be appealed. The commissioner shall reduce payments to a school district proportionately to the extent an eligible teacher does not meet the requirements under subsection (c) 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.

(h) Designations by the district. 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) Each district shall provide to the commissioner proof acceptable to the commissioner of the master reading teacher certification of a teacher to whom the district is paying a stipend under this section.

(3) The district shall pay a state stipend for only one designated master reading teacher per designated slot on an identified high-need campus.

(4) 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.

(5) A decision of the district under this subsection is final and may not be appealed.

(6) The district may use local money to pay additional stipends in amounts determined by the district.

(7) State 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.

(i) Audit of expenditures. The commissioner may audit the expenditure of grant funds appropriated for purposes of this section.

Comments

Source Note: The provisions of this §102.1011 adopted to be effective April 8, 2008, 33 TexReg 2809; amended to be effective February 15, 2010, 35 TexReg 1204

§102.1013: Master Mathematics Teacher Grant Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(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 averages less than or equal to a percentage designated by the commissioner of education. An identified high-need campus does not include:

(A) a discipline alternative education program operated under the Texas Education Code (TEC), §37.008;

(B) a juvenile justice alternative education program; and

(C) a campus where fewer than 30 students took the statewide assessment in mathematics over the previous three school years for which data are considered.

(2) Master mathematics teacher--An educator who is employed by a school district and has satisfactorily completed the requirements for master mathematics teacher certification. The master mathematics teacher teaches mathematics and serves as a mathematics teacher mentor to other teachers.

(3) Master Mathematics Teacher Grant Program--An annual grant program established in accordance with the TEC, §21.411, under which a school district may apply to the commissioner of education for a grant to pay stipends to selected certified master mathematics teachers who teach at high-need campuses, in accordance with the provisions of this section.

(4) School district--For the purposes of this section, the definition of school district includes open-enrollment charter school.

(5) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.

(b) Purpose. The Master Mathematics Teacher Grant Program is established to encourage teachers to:

(1) become certified as master mathematics teachers; and

(2) work with other teachers and with students in order to improve student mathematics performance.

(c) Qualifications. A certified master mathematics teacher is a person who holds a teaching certificate who:

(1) has at least three years of teaching experience;

(2) has satisfactorily completed a course of instruction approved by the State Board for Educator Certification (SBEC) for the purpose of becoming a master mathematics teacher; and

(3) has successfully performed on the master mathematics teacher certification examination prescribed by the SBEC.

(d) Primary duties. The primary duties of a 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.

(1) 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 primary, intermediate/middle, or high school level to select, design, implement, and monitor appropriate mathematics instruction;

(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;

(D) designs and implements instruction based on the Texas Essential Knowledge and Skills (TEKS) in mathematics at the appropriate grade level; and

(E) 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.

(2) 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.

(e) Campus eligibility. Test score averages for the statewide assessment in mathematics for the three previous years will be used to identify a high-need campus.

(1) A school district may receive a grant to pay state stipends for up to three certified master mathematics teachers per identified high-need campus as determined annually by the commissioner.

(2) Following the initial year of the grant, a district is not required to reapply for a grant for two consecutive years if the district:

(A) continues to pay a stipend as provided by this subsection;

(B) notifies the commissioner, in accordance with the application instructions, that the circumstances on which the grant was based have not changed; and

(C) notifies the commissioner of changes in the circumstances on which the grant was based, including:

(i) number of months of the teacher's service under master mathematics teacher certification;

(ii) new designated master mathematics teachers on previously unserved identified high-need campuses, as defined in subsection (a)(1) of this section;

(iii) changes in designated master mathematics teachers on already served identified high-need campuses; and

(iv) additional changes affecting the Master Mathematics Teacher Grant Program, including any information required by the commissioner.

(f) Allocation and use of funds. A school district may apply to the commissioner for grants for each identified high-need campus as defined in subsection (a)(1) of this section to be used to pay a year-end stipend to certified master mathematics teachers in accordance with this section.

(1) The application must contain a certification by the school superintendent that the grants will be used only for the purpose set forth in the TEC, §21.411.

(2) 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.

(3) Grant funds can only be used for the purpose of paying a year-end stipend to a master mathematics teacher, as defined in subsections (a)(2) and (c) of this section, whose primary duties are to teach mathematics and to serve as a mathematics teacher mentor to others for the amount of time and in the manner established by the school district.

(g) Payments. A decision of the commissioner concerning the amount of money to which a school district is entitled under this section is final and may not be appealed. The commissioner shall reduce payments to a school district proportionately to the extent an eligible teacher does not meet the requirements under subsection (c) 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) Designations by the district. 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) Each district shall provide to the commissioner proof acceptable to the commissioner of the master mathematics teacher certification of a teacher to whom the district is paying a stipend under this section.

(3) The district shall pay a state stipend for only one designated master mathematics teacher per designated slot on an identified high-need campus.

(4) 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.

(5) A decision of the district under this subsection is final and may not be appealed.

(6) The district may use local money to pay additional stipends in amounts determined by the district.

(7) State stipends to certified master mathematics teachers must be paid by local school districts no later than 30 days after receipt of the grant by the school district.

(i) Audit of expenditures. The commissioner may audit the expenditure of grant funds appropriated for purposes of this section.

Comments

Source Note: The provisions of this §102.1013 adopted to be effective April 8, 2008, 33 TexReg 2809; amended to be effective February 15, 2010, 35 TexReg 1204

§102.1015: Master Science Teacher Grant Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Identified high-need campus--An identified high-need campus is a campus where the percentage of students reported passing the statewide assessment in science averages less than or equal to a percentage designated by the commissioner of education. An identified high-need campus does not include:

(A) a discipline alternative education program operated under the Texas Education Code (TEC), §37.008;

(B) a juvenile justice alternative education program; and

(C) a campus where fewer than 30 students took the statewide assessment in science over the previous three school years for which data are considered.

(2) Master science teacher--An educator who is employed by a school district and has satisfactorily completed the requirements for master science teacher certification. The master science teacher teaches science and serves as a science teacher mentor to other teachers.

(3) Master Science Teacher Grant Program--An annual grant program established in accordance with the TEC, §21.413, under which a school district may apply to the commissioner of education for a grant to pay stipends to selected certified master science teachers who teach at high-need campuses, in accordance with the provisions of this section.

(4) School district--For the purposes of this section, the definition of school district includes open-enrollment charter school.

(5) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.

(b) Purpose. The Master Science Teacher Grant Program is established to encourage teachers to:

(1) become certified as master science teachers; and

(2) work with other teachers and with students in order to improve student science performance.

(c) Qualifications. A certified master science teacher is a person who holds a teaching certificate who:

(1) has at least three years of teaching experience;

(2) has satisfactorily completed a course of instruction approved by the State Board for Educator Certification (SBEC) for the purpose of becoming a master science teacher; and

(3) has successfully performed on the master science teacher certification examination prescribed by the SBEC.

(d) Primary duties. The primary duties of a master science teacher are to teach science and to serve as a science teacher mentor to other teachers for the amount of time and in the manner established by the school district.

(1) Teaching science is performed when a teacher:

(A) applies knowledge of the interrelated components of science, including scientific principles, such as systems and models, properties and patterns, constancy and change; scientific processes, such as inquiry in the laboratory and field, critical thinking and problem-solving; and science concepts, such as relationship between force and motion and interdependence among living systems, and uses expertise in science instruction at the primary, intermediate/middle, or high school level to select, design, implement, and monitor appropriate science instruction. The master science teacher understands ethics in science investigation and laboratory and field safety techniques and employs appropriate pedagogy techniques;

(B) selects, constructs, and administers appropriate science assessments on an ongoing basis and uses the results to design, inform, and adjust science instruction to promote student achievement;

(C) applies knowledge of a range of scientific achievement (e.g., advanced learners, students demonstrating science difficulties) and effective instructional approaches to facilitate and promote science achievement;

(D) designs and implements instruction based on the Texas Essential Knowledge and Skills (TEKS) in science at the appropriate grade level; and

(E) creates a positive learning environment that promotes positive student attitudes toward science and provides equitable opportunities for all students to achieve at a high level.

(2) A science teacher mentor:

(A) provides mentoring and leadership that facilitate appropriate standards-based and research-based science 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.

(e) Campus eligibility. Test score averages for the statewide assessment in science for the three previous years will be used to identify a high-need campus.

(1) A school district may receive a grant to pay state stipends for up to three certified master science teachers per identified high-need campus as determined annually by the commissioner.

(2) Following the initial year of the grant, a district is not required to reapply for a grant for two consecutive years if the district:

(A) continues to pay a stipend as provided by this subsection;

(B) notifies the commissioner, in accordance with the application instructions, that the circumstances on which the grant was based have not changed; and

(C) notifies the commissioner of changes in the circumstances on which the grant was based, including:

(i) number of months of the teacher's service under master science teacher certification;

(ii) new designated master science teachers on previously unserved identified high-need campuses, as defined in subsection (a)(1) of this section;

(iii) changes in designated master science teachers on already served identified high-need campuses; and

(iv) additional changes affecting the Master Science Teacher Grant Program, including any information required by the commissioner.

(f) Allocation and use of funds. A school district may apply to the commissioner for grants for each identified high-need campus as defined in subsection (a)(1) of this section to be used to pay a year-end stipend to certified master science teachers in accordance with this section.

(1) The application must contain a certification by the school superintendent that the grants will be used only for the purpose set forth in the TEC, §21.413.

(2) 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.

(3) Grant funds can only be used for the purpose of paying a year-end stipend to a master science teacher, as defined in subsections (a)(2) and (c) of this section, whose primary duties are to teach science and to serve as a science teacher mentor to others for the amount of time and in the manner established by the school district.

(g) Payments. A decision of the commissioner concerning the amount of money to which a school district is entitled under this section is final and may not be appealed. The commissioner shall reduce payments to a school district proportionately to the extent an eligible teacher does not meet the requirements under subsection (c) of this section for the entire school year. In the event a teacher qualifies as a master science 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) Designations by the district. A district that employs more certified master science teachers than the number of grants available under this section shall designate which certified master science 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) Each district shall provide to the commissioner proof acceptable to the commissioner of the master science teacher certification of a teacher to whom the district is paying a stipend under this section.

(3) The district shall pay a state stipend for only one designated master science teacher per designated slot on an identified high-need campus.

(4) 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.

(5) A decision of the district under this subsection is final and may not be appealed.

(6) The district may use local money to pay additional stipends in amounts determined by the district.

(7) State stipends to certified master science teachers must be paid by local school districts no later than 30 days after receipt of the grant by the school district.

(i) Audit of expenditures. The commissioner may audit the expenditure of grant funds appropriated for purposes of this section.

Comments

Source Note: The provisions of this §102.1015 adopted to be effective April 8, 2008, 33 TexReg 2809; amended to be effective February 15, 2010, 35 TexReg 1204

§102.1017: Master Technology Teacher Grant Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Identified high-need campus--

(A) An identified high-need campus is a campus where:

(i) the percentage of students reported passing the statewide assessment in reading, mathematics, science, or social studies averages less than or equal to a percentage designated by the commissioner of education; or

(ii) the school is rated Early Tech or Developing Tech in the Teaching and Learning section of the Texas Campus School Technology and Readiness (STaR) chart.

(B) An identified high-need campus does not include:

(i) a discipline alternative education program operated under the Texas Education Code (TEC), §37.008;

(ii) a juvenile justice alternative education program; and

(iii) a campus where fewer than 30 students took the statewide assessment in reading, mathematics, science, or social studies over the previous three school years for which data are considered.

(2) Master technology teacher--An educator who is employed by a school district and has satisfactorily completed the requirements for master technology teacher certification. The master technology teacher serves as a technology training mentor to other teachers by coaching, modeling, and instructing effective use of technology integration across the curriculum in order to improve student achievement in all disciplines.

(3) Master Technology Teacher Grant Program--An annual grant program established in accordance with the TEC, §21.412, under which a school district may apply to the commissioner of education for a grant to pay stipends to selected certified master technology teachers who teach at high-need campuses, in accordance with the provisions of this section.

(4) School district--For the purposes of this section, the definition of school district includes open-enrollment charter school.

(5) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.

(b) Purpose. The Master Technology Teacher Grant Program is established to encourage teachers to:

(1) become certified as master technology teachers; and

(2) work with other teachers and with students in order to improve student academic achievement.

(c) Qualifications. A certified master technology teacher is:

(1) a person who holds a technology applications or technology education certificate and:

(A) has satisfactorily completed a course of instruction approved by the State Board for Educator Certification (SBEC) for the purpose of becoming a master technology teacher;

(B) has satisfactorily completed a field-based practicum prescribed by an educator preparation program approved by the SBEC;

(C) has successfully performed on the appropriate master technology teacher certification examination prescribed by the SBEC; and

(D) has satisfied any other requirement generally applicable to certificates issued under this title; or

(2) a person who holds a teaching certificate issued under this title and:

(A) has at least three years of teaching experience;

(B) has satisfactorily completed a course of instruction approved by the SBEC for the purpose of becoming a master technology teacher that includes training in:

(i) effective technology instruction techniques, including applications designed to meet the educational needs of students with disabilities;

(ii) classroom teaching methodology that engages student learning through the integration of technology;

(iii) digital learning competencies, including Internet research, graphics, animation, website mastering, and video technologies;

(iv) curriculum models designed to prepare teachers to facilitate an active student learning environment; and

(v) effective professional peer mentoring techniques;

(C) has satisfactorily completed a field-based practicum prescribed by an educator preparation program approved by the SBEC;

(D) has successfully performed on the appropriate master technology teacher certification examination prescribed by the SBEC; and

(E) has satisfied any other requirement generally applicable to certificates issued under this title.

(d) Primary duties. The primary duties of a master technology teacher are to teach technology and to serve as a technology training mentor to other teachers by coaching, modeling, and instructing effective use of technology integration across the curriculum in order to improve student achievement in all disciplines.

(1) Teaching technology is performed when a teacher:

(A) applies effective technology instruction techniques, including applications designed to meet the educational needs of students with disabilities from early childhood through Grade 12 and uses expertise at the primary, intermediate/middle, or high school level to plan, implement, and monitor technology instruction;

(B) selects, constructs, and administers appropriate technology assessments on an ongoing basis and uses the results to design, inform, and adjust technology instruction to promote student achievement;

(C) designs and implements instruction based on the Texas Essential Knowledge and Skills (TEKS) in technology applications at the appropriate grade level; and

(D) creates a positive learning environment that promotes positive student attitudes toward technology and provides equitable opportunities for all students to achieve at a high level.

(2) A technology teacher mentor:

(A) provides mentoring and leadership that facilitate appropriate standards-based and research-based technology 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.

(e) Campus eligibility. Test score averages of less than or equal to a percentage designated by the commissioner for the statewide assessment in reading, mathematics, science, or social studies for the three previous years or ratings of Early Tech or Developing Tech in the Teaching and Learning section of the Texas Campus School Technology and Readiness (STaR) chart will be used to identify a high-need campus.

(1) A school district may receive a grant to pay state stipends for up to three certified master technology teachers per identified high-need campus as determined annually by the commissioner.

(2) Following the initial year of the grant, a district is not required to reapply for a grant for two consecutive years if the district:

(A) continues to pay a stipend as provided by this subsection;

(B) notifies the commissioner, in accordance with the application instructions, that the circumstances on which the grant was based have not changed; and

(C) notifies the commissioner of changes in the circumstances on which the grant was based, including:

(i) number of months of the teacher's service under master technology teacher certification;

(ii) new designated master technology teachers on previously unserved identified high-need campuses, as defined in subsection (a)(1) of this section;

(iii) changes in designated master technology teachers on already served identified high-need campuses; and

(iv) additional changes affecting the Master Technology Teacher Grant Program, including any information required by the commissioner.

(f) Allocation and use of funds. A school district may apply to the commissioner for grants for each identified high-need campus as defined in subsection (a)(1) of this section to be used to pay a year-end stipend to certified master technology teachers in accordance with this section.

(1) The application must contain a certification by the school superintendent that the grants will be used only for the purpose set forth in the TEC, §21.412.

(2) 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.

(3) Grant funds can only be used for the purpose of paying a year-end stipend to a master technology teacher, as defined in subsections (a)(2) and (c) of this section, whose primary duties are to teach technology and to serve as a technology teacher mentor to others for the amount of time and in the manner established by the school district.

(g) Payments. A decision of the commissioner concerning the amount of money to which a school district is entitled under this section is final and may not be appealed. The commissioner shall reduce payments to a school district proportionately to the extent an eligible teacher does not meet the requirements under subsection (c) of this section for the entire school year. In the event a teacher qualifies as a master technology 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) Designations by the district. A district that employs more certified master technology teachers than the number of grants available under this section shall designate which certified master technology 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) Each district shall provide to the commissioner proof acceptable to the commissioner of the master technology teacher certification of a teacher to whom the district is paying a stipend under this section.

(3) The district shall pay a state stipend for only one designated master technology teacher per designated slot on an identified high-need campus.

(4) 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.

(5) A decision of the district under this subsection is final and may not be appealed.

(6) The district may use local money to pay additional stipends in amounts determined by the district.

(7) State stipends to certified master technology teachers must be paid by local school districts no later than 30 days after receipt of the grant by the school district.

(i) Audit of expenditures. The commissioner may audit the expenditure of grant funds appropriated for purposes of this section.

Comments

Source Note: The provisions of this §102.1017 adopted to be effective February 15, 2010, 35 TexReg 1204

Subchapter CC

§102.1031: Criteria for Evaluating Coordinated Health Programs for Elementary, Middle, and Junior High School Students

(a) Program purpose. In accordance with Texas Education Code (TEC), §38.013, the Texas Education Agency (TEA) shall make available to each school district one or more coordinated school health programs or allow for the development of school district programs designed to prevent obesity, cardiovascular disease, and Type 2 diabetes in elementary, middle, and junior high school students. Each program must provide for coordinating:

(1) health education;

(2) physical education and physical activity;

(3) nutrition services; and

(4) parental involvement.

(b) Evaluation criteria. The commissioner of education may make available under subsection (a) of this section only those coordinated school health programs that meet the following criteria.

(1) The program coordinates physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement.

(2) The program is coordinated within and across all grade levels on an elementary, middle, or junior high school campus.

(3) The program has a training component that includes physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement activities and coordinates the four components of subsection (a) of this section. The training component must include teaching staff and parents.

(4) The program curricular components (health education and physical education) are based on Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education) and Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).

(5) The program includes assessment tools for schools to measure cognitive, behavioral, and attitudinal changes related to the four components.

(6) The program is based on health education theory and national standards for instructional and/or industry best practices in each of the four components described in subsection (a) of this section.

(7) The program allows for tailoring to schools' individual needs and can be adapted to a variety of specific situations: ethnic diversity, children with disabilities, school schedules, socioeconomic status, geographic locations, and gender differences.

(8) The program trains school district staff in the annual use of assessment and planning tools for school health programs and policies, such as the elementary school version of the School Health Index available at the National Centers for Disease Control and Prevention website.

(9) The program includes an evaluation of its nutritional services component that includes compliance with the Department of Agriculture guidelines relating to foods of minimal nutritional value.

(c) Health programs developed by school districts. Coordinated school health programs that are developed by school districts and that meet the criteria in subsection (b) of this section may be approved and made available as approved programs. School district programs must use materials that are proven effective, such as TEA-approved textbooks or materials developed by nationally recognized and/or government-approved entities.

(d) Health programs not developed by school districts. Coordinated school health programs not developed by school districts and that meet the criteria in subsection (b) of this section may be approved and made available as approved programs. Such programs must be peer-reviewed and show empirical evidence of effectiveness prior to submission.

(e) Submission of programs for evaluation. Coordinated school health programs may be submitted every two years for evaluation on a schedule to be determined by the commissioner. Programs will be approved for a period of four years.

(f) Availability of programs. The TEA shall notify each school district of the availability of each coordinated school health program approved by the commissioner under subsection (d) of this section.

Comments

Source Note: The provisions of this §102.1031 adopted to be effective May 2, 2004, 29 TexReg 3959; amended to be effective November 9, 2006, 31 TexReg 9031

Subchapter DD

§102.1041: Texas Accelerated Science Achievement Program Grant

(a) The intent and purpose of the Texas Accelerated Science Achievement Program (Texas ASAP) is to establish and implement intensive after-school and summer school programs designed to increase Grade 10 and 11 student achievement on the science portion of the Texas Assessment of Knowledge and Skills (TAKS). Through intervention programs that will serve students in Grades 9 - 12, the Texas ASAP will target high schools with low student performance on the Grade 10 and 11 science TAKS examinations.

(b) Funds shall be distributed by the commissioner of education, on a competitive grant basis, to be used by school districts for the implementation of scientific, research-based science programs designed to improve the performance of students in science, including programs designed to address the gender gap in performance. Prior to providing a program, in accordance with the Texas Education Code, §29.089, and the General Appropriations Act, House Bill 1, Article III, Rider 45, 78th Texas Legislature, 2003, each school district receiving a grant must:

(1) document its locally-adopted board of trustees policy for:

(A) determining student eligibility for participating in the program that:

(i) prescribes the grade level or course a student must be enrolled in to be eligible; and

(ii) provides for considering teacher recommendations in determining eligibility;

(B) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;

(C) ensuring that eligible students are encouraged to attend the program;

(D) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and

(E) measuring student progress;

(2) demonstrate a need for additional intervention as evidenced by student performance in science resulting in at least one high school identified as under performing. An under-performing campus is one with a TAKS science passing rate below the state average; and

(3) partner with a science department of an institution of higher education.

(c) The guidelines delineated in this subsection shall determine which school districts may receive funding under the Texas ASAP.

(1) School districts must submit applications in accordance with instructions provided by the Texas Education Agency (TEA). Applications received by the established deadline date and time will be reviewed. For each eligible application, the recommendations of the reviewers will be assembled and presented to the commissioner or the commissioner's designee who will:

(A) approve the application in whole or in part; or

(B) disapprove the application.

(2) Awards will be considered on the basis of total points. Grant awards will be made starting with the highest scoring application and continue to the next highest score until funds are exhausted or until the applications meeting minimum criteria or higher are funded. In the event of a tie score that would preclude determination of funding, the effected applicants will be asked to provide additional clarifying information to determine highest need or greatest capacity for successful implementation.

(3) The TEA will notify each applicant in writing of the selection or non-selection for funding. In the case of an application selected for funding, notification to the grantee will include the contractual conditions which the applicant must accept in accordance with state law.

(d) Grantees must agree to submit all information requested by the TEA through periodic activity/progress reports, a final evaluation report, and other activities related to the evaluation of the program. Reports will be due to the TEA no later than 30 days after the close of the reporting period and must contain all requested information in the prescribed format. These reports will be used by the TEA to evaluate the implementation and progress of grant-funded programs and to determine if modifications or adjustments to the program are necessary.

(e) Based on a comprehensive analysis of the periodic activity/progress reports, final evaluation reports, and other relevant data, the TEA will disseminate to each Texas school district information concerning instructional methods that have proved successful in improving student performance in science.

Comments

Source Note: The provisions of this §102.1041 adopted to be effective February 17, 2005, 30 TexReg 713

Subchapter EE

§102.1051: Financial Literacy Pilot Program

(a) Program purpose. In accordance with the Texas Education Code (TEC), §29.915, the Texas Education Agency (TEA) shall establish and implement a financial literacy pilot program to provide students in participating school districts with the knowledge and skills necessary as self-supporting adults to make critical decisions relating to personal financial matters.

(b) Application. School districts must submit a letter of interest to the TEA division responsible for curriculum, including a commitment to use the curriculum designated by the pilot and to participate in any training required by the pilot. No more than 100 school districts will be selected to participate in the program. If more than 100 letters of interest are received, districts will be selected to reflect the following criteria:

(1) balance between large and small districts;

(2) representation of the various geographic regions of the state; and

(3) representation of the overall demographics of the state.

(c) Notification. The TEA will notify each applicant in writing of the selection or non-selection for participation.

(d) Implementation. Districts shall participate in training and use materials identified in accordance with the TEC, §29.915(c).

(e) Evaluation. Each participating district shall report information on implementation of the program to the TEA in accordance with requirements specified by the commissioner of education.

(f) Funding. Implementation of the pilot is contingent upon sufficient funding in accordance with the TEC, §29.915(e).

Comments

Source Note: The provisions of this §102.1051 adopted to be effective June 11, 2006, 31 TexReg 4611; amended to be effective May 6, 2010, 35 TexReg 3496

§102.1053: Mathematics Instructional Coaches Pilot Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Approved service provider--An entity, as described in subsection (c) of this section, that has been approved through a request for qualifications (RFQ) process and designated by the commissioner of education as qualified to deliver intensive mathematics coaching and professional development to school districts approved to participate in the Mathematics Instructional Coaches Pilot Program.

(2) Mathematics Instructional Coaches Pilot Program--A pilot program established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), §21.4541. Under the pilot program, participating school districts shall receive grants to provide teachers who instruct students in mathematics at the middle school, junior high school, or high school level with assistance in developing content knowledge and instructional expertise. Each participating school district must contract with an approved service provider.

(3) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.

(4) Shared services arrangement (SSA)--A shared services arrangement is an agreement between two or more school districts and/or education service centers that provides services for entities involved.

(b) Pilot program participation.

(1) Eligibility.

(A) Eligibility for participation in the Mathematics Instructional Coaches Pilot Program will be determined annually by the commissioner in accordance with the TEC, §21.4541, and eligibility criteria outlined in the TEC, §39.358.

(B) Education service centers (ESCs) established under the TEC, §8.001, are not eligible to apply for participation in the pilot program as the fiscal agent for an SSA or as a member in an SSA.

(2) Application process.

(A) An eligible school district must apply through the request for application (RFA) process to participate in the pilot program and include a description of how grant funds will be allocated.

(B) An eligible school district submitting an RFA on behalf of other school districts participating in an SSA must agree to serve as the fiscal agent for the grant and will be held responsible for all compliance and audit recoveries.

(C) Eligible applicants must meet all deadlines, requirements, and guidelines outlined in the RFA.

(3) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation in the Mathematics Instructional Coaches Pilot Program.

(4) Use of funds. The entire amount of a grant award must be used for the Mathematics Instructional Coaches Pilot Program as described in the RFA.

(5) Conditions of operation.

(A) Each successful applicant must operate a Mathematics Instructional Coaches Pilot Program in accordance with requirements detailed in the TEC, §21.4541, and must:

(i) select an approved service provider, as described in subsection (c) of this section, from the list provided by the TEA;

(ii) enter into a contractual relationship for mathematics instructional coaching and professional development services with the approved service provider; and

(iii) design and implement an action plan for the Mathematics Instructional Coaches Pilot Program in collaboration with the approved service provider.

(B) In addition, each successful applicant may enter into an SSA limited to no more than ten eligible districts. A school district may submit or be a member of an SSA for no more than one grant application.

(6) Program evaluation. Each school district operating an approved Mathematics Instructional Coaches Pilot Program must comply with evaluation procedures established by the commissioner as detailed in the RFA.

(7) Revocation for grantee.

(A) The commissioner may revoke grantee participation in the pilot program based on any of the following factors:

(i) noncompliance with requirements and assurances outlined in the RFA and/or the provisions of this section;

(ii) lack of program success as evidenced by progress reports and program data;

(iii) failure to meet performance standards specified in the RFA; or

(iv) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the pilot program.

(B) A decision by the commissioner to revoke authorization of a grant award is final and may not be appealed.

(8) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.

(c) Approved service providers.

(1) Eligibility. The following entities that are TEA-certified continuing professional education providers are eligible to apply for approved service provider status:

(A) academies and training centers established in conjunction with a Texas Science, Technology, Engineering, and Mathematics (T-STEM) center;

(B) regional education service centers;

(C) institutions of higher education;

(D) private organizations with significant experience in providing mathematics instruction, as determined by the commissioner;

(E) county departments of education; and

(F) school districts, under the following condition. A school district's statewide assessments in mathematics (summed across all grade levels and for "All Students" only) must meet or exceed the Recognized standard. The TEA will determine eligibility, using the most current results, which can be found in the latest district Academic Excellence Indicator System (AEIS) report.

(2) Identification and selection. In accordance with the TEC, §21.4541(c) and (d), the TEA will identify and select approved service providers through a RFQ process. Failure to adhere to established RFQ requirements and assurances will result in non-selection as a service provider.

(3) Notification. The TEA will notify each applicant in writing of its selection or non-selection as an approved service provider.

(4) Condition of operation. A school district designated as an approved service provider may not be reimbursed with Mathematics Instructional Coaches Pilot Program funds for providing coaching services to teachers employed by the district.

(5) Renewal or revocation for service provider.

(A) Each approved service provider must submit a renewal application every two years in order to maintain eligibility to participate in the Mathematics Instructional Coaches Pilot Program as an approved service provider.

(B) The commissioner may deny renewal of or revoke participation in the Mathematics Instructional Coaches Pilot Program for a service provider based on any of the following factors:

(i) noncompliance with requirements and assurances outlined in the RFQ and/or the provisions of this section and the TEC, §21.4541;

(ii) lack of program success as evidenced by required progress reports and program data;

(iii) failure to meet performance standards specified in the RFQ;

(iv) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the service provider and the pilot program; or

(v) refusal to serve participants in the Mathematics Instructional Coaches Pilot Program.

(C) A decision by the commissioner to deny renewal or revoke approval of a service provider is final and may not be appealed.

Comments

Source Note: The provisions of this §102.1053 adopted to be effective July 1, 2008, 33 TexReg 5004

§102.1054: Intensive Summer Pilot Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Intensive Summer Pilot Program--A pilot program established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), §29.098. The pilot program is to provide eligible school districts with financial grants to establish programs in which school districts provide intensive academic instruction during the summer to students identified as being at risk of dropping out of school. Each district awarded funds under this pilot program shall design, establish, and operate an intensive summer program in partnership with an institution of higher education and must provide intensive academic instruction in English language arts, mathematics, and science in Grades 9-12 and in reading and mathematics in Grades 6-8.

(2) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.

(3) Shared services arrangement (SSA)--A shared services arrangement is an agreement between two or more school districts and/or education service centers that provides services for entities involved.

(b) Eligibility.

(1) In accordance with the TEC, §39.358, a school district is eligible to apply for funding under the Intensive Summer Pilot Program if the school district exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates.

(2) Eligibility for participation in the Intensive Summer Pilot Program will be determined annually by the commissioner of education based on the latest available data and research and in accordance with the TEC, §29.098, and eligibility criteria outlined in the TEC, §39.358.

(3) An eligible school district may enter into an SSA with other eligible school districts in order to establish an Intensive Summer Pilot Program that serves students from school districts identified in the SSA.

(4) An eligible school district which submits a single grant application on behalf of itself and several other school districts participating in an SSA agrees to serve as the fiscal agent for the grant and will be held responsible for all compliance and audit recoveries.

(c) Application.

(1) An eligible school district must apply through the request for application (RFA) process to participate in the Intensive Summer Pilot Program.

(2) Eligible applicants must meet all deadlines, requirements, and guidelines outlined in the RFA.

(3) An eligible school district that applies to participate in the Intensive Summer Pilot Program must describe in its application how grant funds, in-kind contributions, and donations (including matching funds) will be allocated.

(4) An eligible school district applying as the fiscal agent for an SSA must complete and submit the required SSA form as part of the grant application.

(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation in the Intensive Summer Pilot Program.

(e) Program funding and use of funds.

(1) In accordance with the TEC, §29.098, programs will be funded on a per-student participant amount not to exceed $750 per student. Grant awards must be matched by not less than $250 for each participating student in other federal, state, or local funds, including donations.

(2) In accordance with the TEC, §29.098, the entire amount of a grant awarded under the Intensive Summer Pilot Program must fund the program as described in the RFA, including the description of how grant funds, in-kind contributions, and donations will be allocated. In-kind contributions may include facilities use, support services, transportation, and volunteers. Donations may include the minimum district matching contribution of not less than $250 per participating student in other federal, state, or local funds, including private donations. The district matching requirement may be met with matching funds and/or in-kind contributions.

(3) A school district participating in the Intensive Summer Pilot Program may use grant funds for other necessary costs such as implementing the optional allowable activities outlined in the program requirements section of the RFA and in the guidelines related to specific costs appendix to the RFA.

(f) Conditions of pilot program operation. Each school district operating an approved Intensive Summer Pilot Program:

(1) must operate the pilot program in accordance with the TEC, §29.098, and the requirements outlined in the RFA; and

(2) may include additional classes and activities, as outlined in the RFA, to supplement the pilot program's instructional core curriculum of mathematics, science, English language arts, and reading. Additional optional activities must be aligned with the program goals and requirements provided in the RFA.

(g) Program evaluation. Each school district operating an approved Intensive Summer Pilot Program must comply with evaluation procedures established by the commissioner as detailed in the RFA.

(h) Revocation.

(1) The commissioner may revoke participation in the Intensive Summer Pilot Program based on any of the following factors:

(A) noncompliance with requirements and assurances outlined in the RFA or the provisions of this section;

(B) lack of program success as evidenced by progress reports and program data;

(C) failure to meet performance standards specified in the RFA; or

(D) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the pilot program.

(2) A decision by the commissioner to revoke authorization of a grant award is final and may not be appealed.

(i) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.

Comments

Source Note: The provisions of this §102.1054 adopted to be effective July 31, 2008, 33 TexReg 5925

§102.1055: Collaborative Dropout Reduction Pilot Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Collaborative Dropout Reduction Pilot Program--A pilot program established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), §29.096. The pilot program is to provide eligible school districts with financial grants to implement a local collaborative dropout reduction program. Only an eligible school district may apply for funding under this program and must serve as the fiscal agent for the pilot program. A school district awarded a grant under this pilot program shall coordinate the delivery of research-based intervention services and programs among local entities such as local businesses, local government or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education to comprehensively reduce the dropout rate in the community and to increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school.

(2) Collaborative partner--A collaborative partner is a public or private entity which participates in a Collaborative Dropout Reduction Pilot Program and contributes to collaborative efforts through the provision of funds, services, personnel, and/or in other ways deemed appropriate to assist in reaching program goals. Collaborative partners may include, but are not limited to, entities such as school districts, local businesses, other local governments or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education.

(3) Lead educational staff member--A person working as part of the Collaborative Dropout Reduction Pilot Program that is responsible for program coordination, outreach, recruitment, and other activities necessary to implement and manage the program. The lead educational staff member may be a full- or part-time paid staff person, or the position may be filled by a volunteer. The lead educational staff member may be an employee of the district awarded a grant under this program, or an employee/volunteer from one of the partners in the local collaborative.

(4) Outreach--Activities designed to raise awareness and provide information, solicit participation and/or contributions, recruit students and other stakeholders, and involve the local community in collaborative initiatives.

(5) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.

(6) Shared services arrangement (SSA)--A shared services arrangement is an agreement between two or more school districts and/or education service centers that provides services for entities involved.

(b) Eligibility.

(1) In accordance with the TEC, §39.358, a school district is eligible to apply for funding under the Collaborative Dropout Reduction Pilot Program if the district exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates.

(2) Eligibility for participation in the Collaborative Dropout Reduction Pilot Program will be determined annually by the commissioner of education based on the latest available data and research and in accordance with the TEC, §29.096, and eligibility criteria outlined in the TEC, §39.358.

(3) An eligible school district may enter into an SSA in order to apply for grant funds. An SSA is limited to no more than ten eligible districts. A school district may submit or be a member of an SSA for no more than one Collaborative Dropout Reduction Pilot Program grant application. A collaborative partner, other than a school district, may be included in more than one SSA.

(4) An education service center (ESC) established under the TEC, §8.001, is not eligible to apply as a fiscal agent for an SSA but may be a collaborative partner with eligible districts.

(5) An eligible school district which submits a single grant application on behalf of itself and several other school districts participating in an SSA agrees to serve as the fiscal agent for the grant and will be held responsible for all compliance and audit recoveries.

(c) Application.

(1) An eligible school district must apply through the request for application (RFA) process to participate in the Collaborative Dropout Reduction Pilot Program.

(2) Eligible applicants must meet all deadlines, requirements, and guidelines outlined in the RFA.

(3) An eligible school districts that applies to participate in the pilot program must identify and include in its application:

(A) the source(s) of matching funds from the participating collaborating partners as specified in the grant application; and

(B) a description of how the program will be sustained beyond the life of the grant funding.

(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation in the Collaborative Dropout Reduction Pilot Program.

(e) Local collaborative agreement.

(1) Each eligible school district selected to participate must submit a copy of a local collaborative agreement, such as a memorandum of understanding, to the TEA prior to implementation of the pilot program.

(2) The local collaborative agreement must include the minimum standards specified in the TEC, §29.096(e), and a detailed description of the following:

(A) the source(s) of matching funds;

(B) how matching funds will be used by the pilot program;

(C) a description of the services, activities, commitments, assurances, responsibilities, obligations, and understandings of each collaborative partner; and

(D) decision-making procedures between the school district and collaborative partner(s).

(f) Use of funds.

(1) In accordance with the TEC, §29.096, the entire amount of a grant awarded under the Collaborative Dropout Reduction Pilot Program must fund programs in adherence with guidelines and requirements provided in the RFA.

(2) A school district participating in the Collaborative Dropout Reduction Pilot Program may allocate no more than 15% of total project funds, which include the state grant award and local match, for administrative expenses. Of the amount used for administrative costs, no more than 5.0% may be state grant award funds. Up to an additional 10% may be matching funds, but in no case can administrative costs exceed 15% of the total project funds. A school district may use in-kind contributions for administrative expenses. In-kind contributions may include the use of facilities, office space, and equipment and the provision of administrative services and supplies.

(3) Allowable costs include, but are not limited to:

(A) costs associated with implementing the local Collaborative Dropout Reduction Program in the following four service areas: workforce skill development, academic support, attendance improvement, and student and family support services; and

(B) costs associated with a designated lead educational staff member to conduct outreach activities designed to identify and involve eligible students as well as public and private entities to participate in the program.

(g) Conditions of pilot program operation. Each school district operating an approved Collaborative Dropout Reduction Pilot Program must operate the program in accordance with the TEC, §29.096, and the requirements outlined in the RFA and must:

(1) coordinate the delivery of research-based intervention services and programs among local entities such as local businesses, local government or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education to comprehensively reduce the dropout rate in the community and to increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school;

(2) serve students in Grades 9, 10, 11, and 12 or any combination thereof;

(3) comply with all deadlines, requirements, and assurances established in the RFA;

(4) provide services in the areas of workforce development, academic support, student and family support services, and attendance improvement;

(5) serve a minimum of students (as specified in the grant application) per grant period; and

(6) designate governance responsibilities to a school district official for the purposes of managing the implementation and operation of the pilot program.

(h) Program evaluation. Each school district operating an approved Collaborative Dropout Reduction Pilot Program must comply with evaluation procedures established by the commissioner as detailed in the RFA.

(i) Revocation.

(1) The commissioner may revoke participation in a Collaborative Dropout Reduction Pilot Program and require the school district that received an award to repay some or all of the grant award based on any of the following factors:

(A) noncompliance with requirements and assurances outlined in the RFA and/or the provisions of this section and the TEC, §29.096;

(B) failure to meet performance measures specified in the RFA; or

(C) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the pilot program.

(2) A decision by the commissioner to revoke authorization of a grant award is final and may not be appealed.

(j) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.

Comments

Source Note: The provisions of this §102.1055 adopted to be effective July 31, 2008, 33 TexReg 5927

§102.1056: Dropout Recovery Pilot Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Advanced technical credit--Credit earned by a high school student who meets established guidelines for successful completion of an articulated content-enhanced technical course included on the list of courses in the Statewide Articulated Crosswalk established by the Advanced Technical Credit Program, a program accepted by participating colleges and universities for students interested in preparing for college and a technical career that requires postsecondary education.

(2) Dropout Recovery Pilot Program--A pilot program established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), Chapter 39, Subchapter L. The pilot program is to provide eligible entities with financial grants to identify and recruit students who have dropped out of Texas public schools and provide them services designed to enable them to earn a high school diploma or demonstrate college readiness.

(3) Eligible student--For the purposes of this section, an eligible student is defined as a student who is 25 years of age or less and who:

(A) was assigned by a Texas public secondary school a leaver code in the Public Education Information Management System (PEIMS) that corresponds to the definition of a dropout for that school year in which the student withdrew;

(B) was enrolled in a Texas public secondary school and during the last regular school year in which the student was enrolled the student was not in attendance for at least 30 consecutive school days. Between this period of non-attendance and enrollment in the Dropout Recovery Pilot Program, the student may not have been enrolled in any Texas public secondary school, private school, or home school; or

(C) has a notarized affidavit from the student's parent or legal guardian stating that the student has dropped out of a Texas public secondary school, as defined in subparagraph (A) or (B) of this paragraph, and is not currently enrolled in a Texas public secondary school, private school, or home school.

(4) Institution of higher education (IHE)--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.

(5) Nonprofit organization--An organization that meets the requirements of the United States Code, Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Section 501(a).

(6) P-16 Individualized graduation plan (P-16 IGP)--A document with a prekindergarten through postsecondary focus, detailing a student's plans regarding courses to be taken during high school in order to succeed in entry-level courses offered at IHEs. A P-16 IGP shall include the following:

(A) the most recent assessment scores and strategies to improve these scores if they fall below the student's appropriate grade level;

(B) the educational goals of the student;

(C) any diagnostic information, appropriate monitoring and intervention and other evaluation strategies;

(D) a description of participation of the student's parent(s) or guardian, including consideration of their educational expectations for the student; and

(E) a description of innovative methods to be used to promote the student's advancement and preparation to enter higher education prepared to succeed in entry-level courses.

(7) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.

(8) Shared service arrangement (SSA)--A shared service arrangement is an agreement between two or more eligible applicants (school districts, nonprofit organizations that have demonstrated the ability and capacity to provide educational programs to students in any grade from kindergarten through Grade 12, education service centers, county departments of education) for provision of program services. A nonprofit organization that is not an eligible applicant may participate in the shared service arrangement, but may not serve as the fiscal agent.

(9) Texas Success Initiative (TSI)--An initiative of the Texas Higher Education Coordinating Board established under §4.51 of this title (relating to Purpose).

(b) Eligibility.

(1) The following entities, located in specific regions of the state as established annually in the grant application, are eligible to apply for and receive grant funds under the Dropout Recovery Pilot Program:

(A) school districts;

(B) IHEs;

(C) county departments of education;

(D) nonprofit organizations that have demonstrated the ability and capacity to provide educational programs to students in any grade from kindergarten through Grade 12; and

(E) education service centers established under the TEC, §8.001.

(2) Eligible applicants listed in paragraph (1) of this subsection and other nonprofit organizations may enter into an SSA in order to apply for grant funds. An SSA is limited to no more than ten entities.

(3) The applicant awarded the grant and acting as the fiscal agent for the program must comply with the following conditions of eligibility.

(A) The applicant must have been operating as one of the eligible entities listed in paragraph (1) of this subsection for at least three years prior to the time of grant application.

(B) If an applicant is operating an education program that issues high school diplomas, the applicant must either have:

(i) been granted a charter from the State Board of Education or the local district in which it resides, or a home-rule district in accordance with the TEC, §§12.011, 12.052, and 12.101; or

(ii) earned accreditation through:

(I) the TEA, in accordance with the TEC, §39.071, and §97.1053 of this title (relating to Purpose);

(II) an accrediting entity, operating as a member of the Texas Private School Accreditation Commission; or

(III) another accrediting entity approved by the commissioner of education.

(C) The applicant must be determined by the TEA to be financially stable. The TEA will make this determination using information required of the applicant serving as the fiscal agent and submitted in the grant application, including information provided in the following reports:

(i) an audit report, conducted within the last two years, including a statement of financial position, statement of activities (income), statement of cash flows, note disclosures, and the independent auditor's opinion (standard report);

(ii) if subject to the Single Audit Act of 1996, as amended, the applicant must also include reports in accordance with Government Auditing Standards, as promulgated by the United States Government Accountability Office and Office of Management and Budget Circular A-133; or

(iii) a compilation of financial statements prepared by a certified public accountant, including a report on compiled financial statements, a statement of financial position, statement of activities (income), and statement of cash flow.

(D) All nonprofit organizations, including open-enrollment charter schools but excluding school districts, must submit current proof of nonprofit status. An applicant may show current nonprofit status by any of the following means:

(i) a copy of a letter from the Internal Revenue Service recognizing that contributions to the organization are tax deductible under the Internal Revenue Code, Section 501(c)(3);

(ii) a statement from a state taxing body or the state attorney general certifying that the organization is a nonprofit organization operating within the state and that no part of its net earnings may lawfully benefit any private shareholder or individual;

(iii) a certified copy of the applicant's certificate of incorporation or similar document if it clearly establishes the nonprofit status of the applicant; or

(iv) any item described in this subparagraph if that item applies to a state or national parent organization, together with a statement by the parent organization that it is a local nonprofit affiliate.

(c) Application.

(1) An eligible applicant must submit an application in accordance with procedures determined by the commissioner and detailed in the Request for Application (RFA). The application must include a P-16 Strategic Plan that indicates how implementation of this program will address deficiencies in the grantee's overall P-16 strategy.

(2) Each eligible applicant must meet all deadlines, requirements, and guidelines outlined in the RFA.

(d) Notification. The TEA will notify each applicant in writing of selection or non-selection for funding under the Dropout Recovery Pilot Program. In the case of an application selected for funding, notification to the applicant will include the contractual conditions the applicant agrees to accept as a condition of grant award.

(e) Conditions of pilot program operation. Each grantee operating an approved Dropout Recovery Pilot Program must operate the program in accordance with the requirements outlined in the RFA and must:

(1) conduct an assessment, in accordance with specifications detailed in subsection (f)(4)(B)(ii)-(iii) of this section, for each participating student to determine services needed and create a P-16 IGP for each student based on the assessment;

(2) employ as faculty and administrators persons with baccalaureate or advanced degrees;

(3) meet the following requirement regarding employee criminal history checks:

(A) if a grantee is a school district, the grantee must be in compliance with the TEC, §22.085(f), to remain eligible for the program; or

(B) if a grantee is not a school district, the grantee must obtain criminal history record information as defined in §153.1101(2) of this title (relating to Definitions) on each employee, and an officer of the organization with signature authority must certify that no employee of the organization or person contracted with the organization who has contact with students in the program has been convicted of:

(i) a felony offense under Title 5, Texas Penal Code;

(ii) an offense or conviction of which a defendant is required to register as a sex offender under Code of Criminal Procedure, Chapter 62; and

(iii) an offense under the laws of another state or federal law that is equivalent to an offense under clause (i) or (ii) of this subparagraph; and

(4) ensure that the grant activities funded under the Dropout Recovery Pilot program are non-sectarian.

(f) Funding. Grantees are eligible to receive the following funding.

(1) Base funding. A grantee will receive a base amount of funding, to be determined during the grant application phase, in the first year of operation of the program for the purposes of planning, establishing an appropriate infrastructure to implement the program, and implementing the program for eligible students.

(2) Performance funding. In addition to the base funding, a grantee is eligible to receive performance funding up to a total of $2,000 in the program year (which includes no more than $1,000 in interim benchmark payments and $1,000 in a completion payment) for each eligible student participating in the program based upon the student's academic performance.

(A) Interim benchmark payments. A payment of $250 for any, not to exceed four, of the following benchmarks achieved by an eligible student participating in the program who:

(i) earned the required course credits necessary to advance to the next grade level;

(ii) earned high school graduation credit for a dual credit course that was established through an articulation agreement with an IHE or a private or an independent IHE, as defined in the TEC, §61.003(15);

(iii) earned college credit for a course that is within an IHE's core curriculum, in accordance with §4.28 of this title (relating to Core Curriculum), or an equivalent course offered by a private or an independent IHE, as defined in the TEC, §61.003(15);

(iv) earned a passing score on all subject areas of the statewide student assessment program for a grade level not including the Grade 11 exit-level statewide assessments;

(v) earned a score of three or higher on a College Board advanced placement examination;

(vi) earned a score on the Preliminary SAT®/National Merit Scholarship Qualifying Test or the PLAN® that predicts evidence of readiness, as determined by College Board or ACT®, for placement in College Board advanced placement, International Baccalaureate, or dual credit courses; or

(vii) other benchmarks as approved by the commissioner.

(B) Completion payments. A payment of $1,000 for each participating student who:

(i) earns a high school diploma; or

(ii) demonstrates college readiness by:

(I) achieving a passing score on a TSI testing instrument or earning a TSI exemption based on the score received for an alternative test such as SAT® or ACT®; and

(II) obtaining a General Educational Development (GED) credential; and

(III) earning either:

(-a-) college credit for a course that is within an IHE's approved core curriculum, in accordance with §4.28 of this title, or an equivalent course offered by a private or an independent IHE, as defined in the TEC, §61.003(15); or

(-b-) advanced technical credit.

(3) Other funding for school districts. School districts operating approved Dropout Recovery Pilot Programs may receive Foundation School Program funds for eligible participating students, in accordance with the TEC, §42.003.

(4) Other funding for eligible IHEs, nonprofit organizations, county departments of education, and education service centers. Programs operated by eligible IHEs, nonprofit organizations, county departments of education, and education service centers may receive a payment in an amount not greater than $4,000 ($2,000 per semester) for each eligible student participating in the program each year.

(A) Semester payments of up to $2,000 for each eligible student will be made at the end of each semester contingent upon the eligible student achieving academic progress on the same assessment instrument administered upon initial enrollment in the program and at the end of each subsequent semester.

(B) Programs must adhere to the following in choosing an assessment instrument to assess academic progress as described in subparagraph (A) of this paragraph:

(i) the same assessment instrument must be administered to the participating student for initial testing and at the end of each semester;

(ii) the assessment instrument must be a standardized test or a performance assessment with standardized scoring protocols; and

(iii) the assessment instrument and the performance standards for measuring academic progress must be identified in the grant application and approved by the commissioner prior to grant award.

(g) Allowable expenditures. Allowable expenditures with grant funds include, but are not limited to, the following:

(1) textbooks and other instructional materials;

(2) recruiting and promotional materials;

(3) personnel costs, including salaries, benefits, stipends, and incentives;

(4) tutoring services;

(5) test fees;

(6) social services;

(7) transportation;

(8) educational software;

(9) incentive programs for students;

(10) technology;

(11) equipment costs; and

(12) costs associated with distance learning or participation in virtual schools.

(h) Disallowed expenditures. The following expenditures, including but not limited to the following, may not be made with grant funds:

(1) construction;

(2) purchase of buildings;

(3) debt service (including lease-purchase agreements);

(4) expenditures related to religious instruction;

(5) expenditures related to students who are not eligible for the program; or

(6) indirect costs.

(i) Evaluation. Each grantee operating an approved Dropout Recovery Pilot Program must comply with evaluation procedures established by the commissioner as detailed in the RFA.

(j) Subsequent funding. To receive any subsequent funding for the Dropout Recovery Pilot Program, grantees must reapply for funding on an annual basis. In order to remain eligible for any subsequent funding, the grantee must have met all applicable performance standards included in the prior year's grant agreement and submit a new application annually.

(k) Revocation.

(1) The commissioner may revoke the grant award for the Dropout Recovery Pilot Program based on the following factors:

(A) noncompliance with application assurances and/or the provisions of this section;

(B) lack of program success as evidenced by progress reports and program data;

(C) failure to participate in data collection and audits;

(D) failure to meet performance standards specified in the application; or

(E) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the Dropout Recovery Pilot Program.

(2) A decision by the commissioner to revoke the grant award of a Dropout Recovery Pilot Program is final and may not be appealed.

(l) Access to records. For grantees that are nongovernmental bodies, access must be granted to all records, including those of the controlling or parent entity, involving transactions and payments of program funds.

(m) Technical assistance. The commissioner may create a technical advisory panel made up of experts and practitioners from areas with experience and expertise in dropout recovery to advise the TEA regarding review criteria and implementation issues. The technical advisory panel may provide technical assistance.

(n) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.

§102.1058: Technology-Based Supplemental Instruction Pilot Program

(a) Program purpose. The Technology-Based Supplemental Instruction Pilot Program is established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), §29.919. Under the pilot program, grant funds are provided to eligible school districts to finance technology-based supplemental instruction to students in Grades 6-12 at participating campuses. For the purposes of this section, a school district includes an open-enrollment charter school.

(b) Eligibility. Eligibility for participation in the Technology-Based Supplemental Instruction Pilot Program will be determined by the commissioner of education in accordance with the eligibility criteria specified in the TEC, §29.919.

(c) Application. An eligible school district must apply through the request for applications (RFA) process to participate in the Technology-Based Supplemental Instruction Pilot Program. The application must include a commitment to provide district funding in an amount equal to at least $100 each school year for each student in Grades 6-12 served through the pilot program.

(d) Priority. The commissioner will give priority to a campus that offers a relatively limited course selection to students in comparison to the course selections generally offered to students in metropolitan areas.

(e) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation.

(f) Implementation. Each participating school district must operate in accordance with the TEC, §29.919, and all terms established in the RFA.

(g) Evaluation. Each participating school district must comply with evaluation procedures established by the commissioner as detailed in the RFA.

(h) Funding. Implementation of the pilot program is contingent upon sufficient funding in accordance with the TEC, §29.919.

Comments

Source Note: The provisions of this §102.1058 adopted to be effective May 5, 2010, 35 TexReg 3496

Subchapter FF

§102.1071: Governor's Educator Excellence Award Program--Texas Educator Excellence Grant

(a) Establishment of program.

(1) In accordance with the Texas Education Code (TEC), §21.652, the Governor's Educator Excellence Award Program--Texas Educator Excellence Grant is established as an annual grant program under which a district or open-enrollment charter school may receive a grant on behalf of an eligible campus as an award for student achievement. Provisions regarding implementation of the program are described in this section.

(2) Funds from this program will be distributed to a district or open-enrollment charter school, on behalf of an eligible campus, that submitted an approved campus incentive plan developed in accordance with the TEC, §21.654, and subsection (c) of this section.

(b) Campus eligibility.

(1) Campus eligibility shall be determined in accordance with the TEC, §21.653.

(2) Each year of the grant, a new list of eligible campuses will be published by the Texas Education Agency (TEA). Academically Unacceptable campuses will not be included on this list.

(3) Campuses may be eligible to receive this grant multiple times.

(c) Campus incentive plan.

(1) As delineated in the TEC, §21.654, a campus incentive plan must be:

(A) developed by each campus-level decision-making body;

(B) approved by its district-level committee; and

(C) submitted by a district on behalf of an eligible campus.

(2) The campus-level body developing the plan should be composed of individuals representing a diverse and broad mix of teachers, including representation from different grade levels and subject areas.

(3) The district may choose to provide guidance to campuses in the creation of plans.

(4) The TEA may consider for approval only a campus incentive plan developed, approved, and submitted in accordance with the TEC, §21.654, and this section.

(5) A district must act pursuant to its local school board policy for submitting a campus incentive plan and grant application to the TEA. A local school board may either vote to submit a grant application or designate the superintendent to submit the application on the board's behalf. A superintendent may act on previously delegated authority regarding the submission of the grant(s).

(6) A campus that has implemented an approved incentive plan may choose to renew its plan, should it be eligible for funding in subsequent years, for up to three years after the first year of implementation.

(7) A decision by a local school board to approve and/or submit its incentive plan and/or grant application is not appealable to the commissioner of education. A local grievance decision as to whether an award was made in compliance with the approved plan is not appealable to the commissioner of education.

(d) Amount of program award.

(1) In accordance with the TEC, §21.655, each eligible campus whose campus incentive plan is approved by the TEA is entitled to a grant award in an amount determined by the commissioner of education.

(2) Award amounts may vary from one year to the next.

(e) Incentive payments to classroom teachers.

(1) An eligible campus must distribute a specified percentage of its program grant award to classroom teachers in accordance with the TEC, §21.656.

(2) All funds must be used to provide incentives not previously funded with state, local, or federal funds.

(3) Incentives awarded under this subsection may be used only for classroom teachers. For the purposes of this subsection, the term "classroom teacher" is defined as "an educator who is employed by a school district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technology instructional setting." For the purposes of this subsection, the definition of the term "classroom teacher" does not include a teacher's aide or a full-time administrator.

(A) Necessary functions related to the classroom teacher's instructional assignment, such as instructional planning and transition between instructional periods, should be applied to creditable classroom time. Time spent on duties unrelated to instruction should not be credited toward classroom time.

(B) For a school district, a classroom teacher, as defined in this subsection, must hold an appropriate certificate issued by the State Board for Educator Certification and must meet the specifications regarding instructional duties defined in this subsection. For a charter school, a classroom teacher is not required to be certified, but must meet the qualifications of the employing charter school and the specifications regarding instructional duties defined in this subsection.

(4) As specified in the TEC, §21.656, and further delineated in this subsection, an eligible campus receiving program funds may distribute an incentive payment only to a classroom teacher who:

(A) demonstrates success in improving student achievement. Measures determining a classroom teacher's success in improving student performance must allow for program administrators to evaluate teacher impact on student achievement; and

(B) successfully collaborates with faculty and staff to contribute to improving overall student performance on the campus. The collaboration must be measured using campus-based activities. Participation in tutoring sessions or personal-planning periods is not a sufficient measure of collaboration.

(5) A campus or district may choose to exclude from receiving an incentive award a teacher who has transferred or retired or who works part-time on a campus eligible to receive grant funds. In such an instance, the campus incentive plan must reflect the campus/district policies with regard to such a teacher at the program start date.

(6) Each individual incentive should be no less than $3,000 and no more than $10,000 per teacher to the extent practicable. If teacher awards are less than $3,000 or more than $10,000, the campus plan must include the reasons that a total possible individual award amount between $3,000 and $10,000 per teacher was not practicable. A local school board decision as to whether award amounts between $3,000 and $10,000 per teacher are practicable is final and may not be appealed to the commissioner of education.

(f) Distribution of other program funds. An eligible campus receiving program funds must use a specified percentage of its program grant award for some or all of the provisions specified in the TEC, §21.657(a), when distributing incentive payments, including the requirements specified in paragraphs (1) - (3) of this subsection when applicable. Program funds distributed under the TEC, §21.657, may also be used to increase the total amount of funds to provide awards to classroom teachers under the TEC, §21.656.

(1) Stipends paid for teachers to participate in after-school or Saturday programs, as specified in the TEC, §21.657(a)(10), must be used to supplement not supplant.

(2) Stipends paid for teachers who hold a postgraduate degree, as specified in the TEC, §21.657(a)(12), must be for a postgraduate degree that will improve instructional abilities, excluding education administration, mid-management certification, and superintendency certification. These stipends must be used to supplement not supplant.

(3) Extending funding to feeder campuses, as outlined in the TEC, §21.657(a)(13), must be used to implement an activity described in the TEC, §21.657. The student population of the feeder campus shall not be used to determine campus award eligibility or the award amount.

Comments

Source Note: The provisions of this §102.1071 adopted to be effective January 9, 2007, 32 TexReg 89

§102.1073: District Awards for Teacher Excellence

(a) Establishment of program.

(1) In accordance with the Texas Education Code (TEC), §21.702, the District Awards for Teacher Excellence (DATE) is established as an annual grant program under which a school district may receive a program grant from the Texas Education Agency (TEA) for the purpose of providing awards to classroom teachers, principals, and district employees in the manner provided by the TEC, §21.705. Provisions regarding implementation of the program are described in this section.

(2) Funds from this program will be distributed to each selected school district or open-enrollment charter school that submitted an approved local awards plan developed in accordance with the TEC, §21.704, and subsection (e) of this section.

(b) Definitions.

(1) Awards--Tangible benefits awarded to classroom teachers, principals, and district employees in accordance with the district local awards plan. Awards may be monetary such as checks or deposits with a 401K or similar plan or other forms such as privileges, travel, equipment, and other valuable considerations.

(2) Classroom teacher--As defined in the TEC, §5.001(2).

(3) Contingency plan--An outline of alternative strategies to redistribute a school district's remaining grant funds after the school district's approved local awards plan has been implemented.

(4) Districtwide--Every campus within the school district.

(5) Grant award--Funds the TEA makes available to districts for grant purposes.

(6) Local awards plan--A plan developed by a school district in accordance with the TEC, §21.704, and subsection (e) of this section that sets forth procedures for the school district's use of DATE grant funds.

(7) Meaningful, objective performance measures--Quantifiable measures that have a standardized definition and are measured and reported in the same way for every campus/school district and in the same way from year to year.

(8) Part I funds--Grant funds used to award classroom teachers and principals who positively impact student academic improvement, growth, and/or achievement.

(9) Part II funds--Grant funds used on awards and stipends for classroom teachers, staff, principals, and other activities such as teacher induction and mentoring support to improve student achievement and instructional personnel recruitment and retention.

(10) Principal--The lead administrator at a public school campus who holds a standard principal certificate, as specified in Chapter 241 of this title (relating to Principal Certificate), or the lead campus administration officer of a charter school as specified in the charter and in compliance with §100.1011(19) of this title (relating to Definitions) and §100.1104 of this title (relating to Training for Campus Administrative Officers).

(11) School district--For the purpose of this section, the definition of school district includes an open-enrollment charter school.

(12) Selected campus--A campus identified by a school district to receive grant funds when the district awards program is not implemented districtwide.

(13) Target campus--A selected campus that meets criteria specified in program requirements established by the commissioner of education that designate a campus as having low or underperforming student academic achievement and low student academic improvement rates. Additional criteria may take into account difficulty in finding and retaining qualified and effective teachers relative to the state or district averages. Criteria used for selection of a target campus must relate directly to the goals and performance measures of the local awards plan.

(c) District eligibility.

(1) A school district is eligible to apply for grant funds for the DATE program if the school district:

(A) completes and submits a Notice of Intent to Apply to the TEA by a date established by the commissioner;

(B) complies with all assurances in the Notice of Intent to Apply and grant application;

(C) develops a local awards plan for the district;

(D) participates in the required technical assistance activities established by the commissioner;

(E) agrees to participate for no less than two consecutive grant cycles; and

(F) complies with any other activities set forth in the program requirements.

(2) An eligible school district must submit an application in a form prescribed by the commissioner.

(A) Each eligible applicant must meet all deadlines, requirements, and assurances specified in the application.

(B) The commissioner may waive any eligibility requirements specified in this subsection. All waiver requests must be submitted, along with a completed application, to the TEA and meet the requirements of the TEC, §7.056.

(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection to receive a grant under the DATE program.

(e) Local awards plan.

(1) In accordance with the TEC, §21.704, a school district that intends to participate in the DATE program and that meets the requirements specified in the TEC, Chapter 21, Subchapter O, and this section is required to submit a local awards plan to the TEA for approval. The TEA may only approve a local awards plan that meets the program requirements specified in the TEC, §21.705, and this section.

(2) A local awards plan must:

(A) be developed by a district-level committee for a school district that intends to participate in the program such as the district-level planning and decision-making committee established under the TEC, Chapter 11, Subchapter F. The majority of the members must be teachers or principals;

(B) be submitted with evidence of significant teacher involvement in developing the plan demonstrated by, but not limited to, providing the names of the teachers serving on the selected district-level planning and/or decision-making committee, the campus majority vote count for selected campuses, and an assurance of the vote from the school district superintendent in the completed application;

(C) define the criteria and any formulas for awards computation for qualifying educators. The criteria must be quantifiable and applicable to established meaningful, objective performance measures. The criteria must address student academic improvement, growth, and/or achievement;

(D) identify campus participation districtwide or for selected campuses, as defined in subsection (b) of this section. If the school district identifies selected campuses then:

(i) a majority of classroom teachers assigned to a campus that is selected by the district-level planning and/or decision-making committee to participate in the program must approve participation to be included in the local awards plan; and

(ii) more than half of the selected campuses must be target campuses, as defined in subsection (b) of this section;

(E) establish teacher and principal eligibility requirements that are consistent for no less than two consecutive grant cycles;

(F) make information available to staff and the public before the beginning of the period on which the awards will be based on the methodology used to determine award amounts and timelines for the duration of a school district's participation in the grant program; and

(G) include a contingency plan designed to redistribute any remaining, unawarded Part I and Part II program funds, in accordance with the percentage distributions specified in the TEC, §21.705, and subsection (h) of this section.

(3) A school district must act pursuant to its local school board policy for submitting a local awards plan and grant application to the TEA.

(4) A local decision to approve and submit a district local awards plan and grant application may not be appealed to the commissioner.

(5) A school district may renew its local awards plan for three consecutive school years without resubmitting a full grant application to the TEA.

(6) A school district may amend, with a majority vote by the selected district-level planning and/or decision-making committee and with TEA approval, its local awards plan in accordance with subsections (c) and (h) of this section for each school year the school district receives a program grant.

(f) Conditions of operation.

(1) A school district must identify performance measures in the application for the success of the local awards plan. The performance measures:

(A) must directly relate to the school district goals and criteria for selecting targeted campuses;

(B) must include measures of student academic improvement, growth, and/or achievement;

(C) may relate to improved teacher and principal attrition, migration, and quality;

(D) must include targets for school district performance and specifically for target campuses, if the district program is not districtwide; and

(E) must be in accordance with program guidelines established by the commissioner.

(2) Each performance measure must be set at a level that reflects improvement from current performance for the school district and among target campuses.

(3) If a school district fails to meet performance measures, the commissioner may require the school district to participate in required technical assistance.

(4) If a school district fails to meet performance measures or other TEA requirements, the commissioner may disqualify a school district from receiving a grant award from the DATE program the subsequent grant year.

(5) A school district must maintain attendance records, meeting minutes, or other similar evidence of significant involvement from participating campuses.

(g) Amount of grant awards.

(1) In accordance with the TEC, §21.703, each school district with a TEA-approved local awards plan is entitled to a grant award in an amount determined by the commissioner.

(2) In accordance with the TEC, §21.703(a)(2)(B), an award determination will be based on the average daily attendance (ADA) of participating districts in relation to the total number of eligible and applying districts.

(3) Award amounts may vary from one year to the next.

(h) Award payments.

(1) A school district must distribute a specified percentage of its program grant award to eligible classroom teachers and principals districtwide or on selected campuses who meet the local awards plan criteria in accordance with the TEC, §21.705, and this section. Each grant award must be spent in two parts.

(A) Part I funds must make up at least 60% of the total grant allocation and be used to award classroom teachers and principals who meet the local awards plan criteria. Awards under this subsection:

(i) may be used only for classroom teachers and principals that positively impact student academic improvement and/or growth; and

(ii) must be distributed in accordance with the local awards plan developed in accordance with subsection (e) of this section.

(B) Part II funds must make up the remaining amount of the funds, a maximum of 40% of the total grant allocation. In accordance with the TEC, §21.705, Part II funds can be used for other allowable activities as identified in program requirements.

(2) A school district may choose to exclude a teacher or a principal on a selected campus from receiving an award except involuntarily transferred teachers or principals or teachers and principals no longer on the selected campus who retired at the end of the school year. In such an instance, the local awards plan must reflect the district policies with regard to such a teacher or principal at the program start date. A decision to exclude certain teachers or principals from receiving an award may not be appealed to the commissioner.

(3) Annual award amounts should be valued at $3,000 or more, unless otherwise determined by the district planning committee. All eligible educators must have the opportunity to earn minimum awards valued at no less than $1,000 per educator identified under Part I funds. Local decisions regarding award amounts are final and may not be appealed to the commissioner.

Comments

Source Note: The provisions of this §102.1073 adopted to be effective May 28, 2008, 33 TexReg 4146; amended to be effective June 24, 2010, 35 TexReg 5189

Subchapter GG

§102.1091: Early College High Schools

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Agency--Texas Education Agency.

(2) Commissioner--Commissioner of education.

(3) Early College High School (ECHS)--A school established under the Texas Education Code (TEC), §29.908, that enables a student in Grade 9, 10, 11, or 12 who is at risk of dropping out, as defined by the TEC, §29.081, or who wishes to accelerate completion of high school to combine high school courses and college-level courses. An ECHS program must provide for a course of study that, on or before the fifth anniversary of a student's first day of high school, enables a participating student to receive both a high school diploma and either an associate degree or at least 60 credit hours toward a baccalaureate degree.

(4) Optional Flexible School Day Program (OFSDP)--A program approved by the commissioner of education to provide flexible hours and days of attendance for eligible students in Grades 9-12, as defined in §129.1027 of this title (relating to Optional Flexible School Day Program).

(5) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.

(b) Application for approval of an ECHS.

(1) Applicant eligibility. Any school district may submit a separate application on behalf of each campus it requests to designate as an ECHS.

(2) Application process. A school district must submit each application in accordance with the procedures determined by the commissioner.

(c) Notification. The Agency will notify each applicant of its selection or non-selection for designation.

(d) Conditions of ECHS program operation.

(1) A school district operating an ECHS program must comply with all assurances in the program application.

(2) ECHS approval is valid for a maximum of one year.

(3) A student enrolled in an ECHS course for high school graduation credit may not be required to pay for tuition, fees, or required textbooks. The school district or charter in which the student is enrolled shall pay for tuition, fees, and required textbooks, to the extent those charges are not waived by the institution of higher education.

(e) Programs available to an approved ECHS.

(1) Approval as an ECHS will allow a campus to access programs available to the early college education program.

(2) An approved ECHS campus may access the OFSDP defined in §129.1027 of this title. An approved ECHS campus is eligible for OFSDP, but must apply separately in accordance with the TEC, §29.0822, and procedures established by the commissioner.

(f) Evaluation of an ECHS program.

(1) The commissioner will establish specific evaluation procedures prior to the beginning of each school year.

(2) Beginning in 2008-2009, the commissioner shall adopt measures, performance standards, and an appeals process. Failure to meet the standards may result in sanctions under the TEC, Chapter 39, including closure of the program.

(3) Beginning in 2009-2010, each approved ECHS will be required to submit information and required data to the Agency each year in a manner and with a deadline specified by the commissioner. This information must comply with the measures and performance standards set forth by the commissioner.

(g) Renewal or revocation of authority.

(1) In order to renew ECHS approval, a school district must submit a separate renewal application on behalf of each of its approved campuses each year.

(2) The commissioner may deny renewal or revoke the authorization of an ECHS program based on the following factors:

(A) noncompliance with application assurances and/or the provisions of this section;

(B) lack of program success as evidenced by progress reports and program data;

(C) failure to meet performance standards specified in the application; or

(D) failure to provide accurate, timely, and complete information as required by the Agency to evaluate the effectiveness of the ECHS program.

(3) A decision by the commissioner to deny renewal as or revoke authorization of an ECHS is final and may not be appealed.

(4) The commissioner may impose sanctions on a school district as authorized by the TEC, Chapter 39, Subchapter G, for failure to comply with the requirements of this section.

Comments

Source Note: The provisions of this §102.1091 adopted to be effective July 2, 2007, 32 TexReg 3985

Subchapter HH

§102.1101: Attendance and Completion Requirements for Texas Adolescent Literacy Academies

(a) Purpose. In accordance with the Texas Education Code (TEC), §21.4551, the Texas adolescent literacy academies shall provide instruction to English language arts and reading and content area teachers in successful, research-based strategies for improving students' academic literacy. The literacy academies shall be framed within a school-wide approach to address the needs of struggling adolescent readers.

(1) The English Language Arts Academy training, which addresses requirements in the TEC, §21.4551(b)(1) and (2), for English language arts and reading, will be conducted over a period of three days of attendance in person plus completion of an equivalent of one day of follow-up activity with online documentation.

(2) The Content Area Academy training, which addresses requirements in the TEC, §21.4551(b)(3), for mathematics, science, and social studies, will be conducted over a period of one and one-half days of attendance in person plus completion of an equivalent of one day of follow-up activity with online documentation.

(b) Applicability. The requirements of this section apply to the following teachers in general education, special education, or English as a second language for students in Grade 6, 7, or 8 at a campus that is rated Academically Unacceptable (AU) based on student performance on the state reading assessment:

(1) a certified, full-time English language arts and reading teacher who instructs English language arts and/or reading for at least 50% of the teacher's instructional duties;

(2) a certified, full-time content area teacher who instructs mathematics, science, and/or social studies for at least 50% of the teacher's instructional duties; and

(3) a noncertified, full-time teacher at an open-enrollment charter school who meets the subject area and instructional duties criteria specified in paragraph (1) or (2) of this subsection.

(c) Attendance and completion requirements.

(1) A teacher who is assigned to instruct students in Grade 6 in the 2008-2009 school year at a campus rated AU based on student performance on the state reading assessment as of the final state accountability rating issued in the fall of 2007 must attend and complete the appropriate literacy academy by December 2008.

(2) A teacher who is assigned to instruct students in Grade 7 or 8 in the 2009-2010 school year at a campus rated AU based on student performance on the state reading assessment as of the final state accountability rating issued in the fall of 2008 must attend and complete the appropriate literacy academy by December 2009.

(3) Attendance in person is required for each day of training at the appropriate literacy academy. Each education service center will determine the process for the makeup of any days missed due to emergencies on an individual basis.

(4) Completion is demonstrated by implementation of the strategies learned and completion of the online follow-up activities.

(d) Eligibility for teacher stipends. A teacher whose attendance is required in subsection (c) of this section is eligible for teacher stipends upon completion of the appropriate literacy academy.

(e) Record retention. Each school district with teachers required to attend and complete Texas adolescent reading academies according to this section must maintain records to verify teacher attendance and completion in accordance with the school district's record retention policy.

Comments

Source Note: The provisions of this §102.1101 adopted to be effective July 6, 2008, 33 TexReg 5007