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, §102.1053, Mathematics Instructional Coaches Pilot Program. The adopted new rule implements the requirements of the Texas Education Code (TEC), §21.4541, as added by House Bill 2237, 80th Texas Legislature, which requires the commissioner by rule to establish and implement a Mathematics Instructional Coaches Pilot Program, including approval of service providers. The adopted new rule also addresses program requirements for the awarding of grants for the Mathematics Instructional Coaches Pilot Program.

STATUTORY AUTHORITY:

TEC, §21.4541.

EFFECTIVE DATE:

July 1, 2008.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:

Recognizing that too many students in Texas middle, junior high, and high schools fail to meet state standards in the area of mathematics, the Texas Legislature provided legislation aimed at addressing this critical achievement issue. House Bill 2237, 80th Texas Legislature, 2007, added the TEC, §21.4541, establishing a pilot program under which participating school districts receive grants in order to contract with approved service providers for assistance in developing the content knowledge and instructional expertise of mathematics teachers at the middle school, junior high school, or high school level. The legislation requires that the commissioner establish the pilot program and adopt rules for its implementation.

Adopted new 19 TAC Chapter 102, Subchapter EE, §102.1053, implements the TEC, §21.4541, by establishing the Mathematics Instructional Coaches Pilot Program. The new rule adopts provisions that define applicable words and terms and establishes requirements relating to school district participation in the pilot program, including eligibility and conditions of operation. The adopted new rule also specifies criteria and procedures by which approved service providers will be identified and approved to assist districts participating in the pilot program. Approved service providers must demonstrate significant past effectiveness in improving mathematics instruction in middle, junior high, and high schools serving a significant number of students identified as being at risk of dropping out of school, as described by the TEC, §29.081(d).

In addition to the entities described in the TEC, §21.4541(c), the adopted new rule specifies that county departments of education and school districts are eligible to apply for approval as service providers under this grant program and serve in that capacity. However, 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.

At adoption, a technical correction was made in subsection (b) relating to pilot program participation as directed by TEA legal counsel. Subsection (b)(8) relating to sanctions was deleted and language relating to recovery of funds was clarified in subsection (b)(9) and renumbered as subsection (b)(8). Recovery of funds is the appropriate sanction for state grant compliance and not the performance-based sanctions under the TEC, Chapter 39.

FISCAL IMPACT:

The adopted new rule establishes procedures for implementation of the Mathematics Instructional Coaches Pilot Program. The Texas Education Agency was allocated $1,093,000 for each year of fiscal years 2008 and 2009 to award grants to eligible school districts.

There is no projected adverse economic impact to small businesses but there may be adverse economic impact to microbusinesses (businesses with fewer than 20 employees) that choose to apply for approved service provider status. The adopted new rule could affect between 1-100 microbusinesses. Economic impact may be incurred if a microbusiness needed to hire additional employees in order to become an approved service provider. Microbusinesses may be impacted more than small businesses; however, microbusinesses are not required to participate in the pilot program. The adopted new rule does not affect any small businesses or microbusinesses that do not choose to apply for approved service provider status. Nor does the adopted new rule adversely impact microbusinesses that do not need to hire additional employees.

The TEA assessed alternatives to the new rule that may have diminished the impact on microbusinesses; however, it was not possible to provide regulatory flexibility on this matter. One alternative was to not adopt the rule. This was not an option because establishment of the standards is required by state law. Another alternative considered was to exempt microbusinesses from the rule. This is not an option because all service providers approved to assist school districts with the objectives of the pilot program must meet the same standards established by the commissioner. A third alternative considered was to reduce compliance or reporting requirements for microbusinesses. This is not an option because there are no burdensome requirements to reduce. All approved service providers are required to submit uniform progress reports and basic program information for continued participation. Therefore, the TEA did consider several alternative methods and that analysis resulted in no viable alternatives.

PUBLIC AND STUDENT BENEFIT:

Improved preparation of Texas secondary teachers will translate into increased learning and performance of students enrolled in Texas secondary schools.

PROCEDURAL AND REPORTING IMPLICATIONS:

Grantees and service providers participating in the Mathematics Instructional Coaches Pilot Program are required to adhere to all procedural, reporting, and evaluation requirements, as determined by the commissioner and outlined in program guidelines and requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:

None. Participating districts will use information already maintained locally to meet reporting requirements of the pilot program.

PUBLIC COMMENTS:

The public comment period on the proposal began on March 21, 2008, and ended on April 20, 2008. No public comments were received.

ALTERNATIVES:

None.

OTHER COMMENTS AND RELATED ISSUES:

None.

Staff Members Responsible:

Barbara Knaggs, Associate Commissioner, State Initiatives
Jan Lindsey, Senior Director, College and Career Readiness Initiatives
Dale Fowler, Program Specialist, College and Career Readiness Initiatives

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

Page last modified on 8/30/2011.