The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 102, Educational Programs, Subchapter EE, Commissioner's Rules Concerning Pilot Programs, §102.1057, Intensive Reading or Language Intervention Pilot Program. The adopted new rule implements the requirements of the Texas Education Code (TEC), Chapter 29, Educational Programs, Subchapter C, Compensatory Education Programs, §29.094, Intensive Reading or Language Intervention Pilot Program. No changes were made to the rule since published as proposed.

STATUTORY AUTHORITY:

TEC, §29.094.

EFFECTIVE DATE:

August 18, 2010.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:

The TEC, §29.094, as added by House Bill (HB) 3468, 79th Texas Legislature, 2005, permitted the commissioner by rule to establish a pilot program in which a participating campus provides intensive reading and language intervention to participating students. HB 1270, 80th Texas Legislature, 2007, amended the TEC, §29.094, to require an intensive reading and language intervention pilot program that had been permissive. The commissioner by rule must establish a pilot program in which a participating campus provides intensive reading or language intervention to participating students.

The commissioner is to select campuses for participation in the pilot that have failed to improve student performance in reading based on reading performance standards required for student promotion under the TEC, §28.0211. The legislation requires the commissioner to adopt criteria by which reading or language intervention programs will be approved. The approved programs will then be used by campuses in the pilot.

Adopted new 19 TAC §102.1057 implements the TEC, §29.094, by establishing requirements for the Intensive Reading or Language Intervention Pilot Program. Specifically, the adopted new rule includes provisions relating to the purpose of the pilot program, application process and terms, applicant notification, products approved for use in the program, implementation of the pilot program, program evaluation, and funding.

No changes were made to the rule since published as proposed.

FISCAL IMPACT:

The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT:

The adopted new rule will provide students in participating schools with intensive reading or language intervention to assist them in successfully completing the state assessment at grade levels where advancement is tied to satisfactory performance on the assessment.

PROCEDURAL AND REPORTING IMPLICATIONS:

Participants in the pilot will be required to report pre- and post-test results to the TEA in the time and manner described in the request for applications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:

School districts participating in the pilot program will be required to collect data and maintain paperwork as necessary to provide the TEA with reports on implementation of the pilot program.

PUBLIC COMMENTS:

The public comment period on the proposal began March 26, 2010, and ended April 26, 2010. No public comments were received.

ALTERNATIVES:

None.

OTHER COMMENTS AND RELATED ISSUES:

None.

Staff Members Responsible:

Anita Givens, Associate Commissioner, Standards and Programs
Norma Torres-Martinez, Deputy Associate Commissioner, Standards and Alignment
Monica Martinez, Managing Director, Curriculum

For additional information, email rules@tea.state.tx.us.

Page last modified on 8/30/2011.