Adopted Amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter AA, Commissioner's Rules Concerning Optional Extended Year Program, §105.1001, Optional Extended Year Program
I. Statutory Citation (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter AA, Commissioner's Rules Concerning Optional Extended Year Program, §105.1001, Optional Extended Year Program (PDF)
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 an amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter AA, Commissioner's Rules Concerning Optional Extended Year Program, §105.1001, Optional Extended Year Program. The adopted amendment updates agency administration of the program and provides minor technical corrections to enhance the understanding of the rule for school districts. No changes were made to the rule since published as proposed.
Texas Education Code (TEC), §29.082.
July 8, 2008.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
TEC, §29.082, Optional Extended Year Program, was added in 1995 by the 74th Texas Legislature and amended in 1997 and 2003 by the 75th and 78th Texas legislatures, respectively. TEC, §29.082, allows the commissioner of education to adopt rules for the administration of programs provided under this section. In accordance with the TEC, §29.082, a school district may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in Kindergarten-Grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year or for students in Grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year. The commissioner exercised rulemaking authority to adopt 19 TAC §105.1001, Optional Extended Year Program, to be effective December 1, 1997, and has amended the rule twice to reflect changes to statute and agency administration of the program. The adopted amendment presented in this item revises the maximum entitlement requirements to increase the amount per-student allocation and adds, revises, or deletes text to reflect minor technical corrections, as follows.
New subsections (b) and (c) clarify the definition of the Optional Extended Year Program and student eligibility requirements. Subsequent subsections have been re-lettered accordingly.
Re-lettered subsection (d)(2) has been modified to reflect the change to the maximum entitlement requirement to serve at least 5.0% of the at-risk population in Kindergarten through Grade 12 rather than 10%. This change in the at-risk requirement will encourage more school districts to apply for funding and will increase the amount per-student funding allocation for school districts statewide.
Re-lettered subsection (d)(4) has been modified to remove the 50% or more economically disadvantaged reallocation formula thus allowing all funded school districts the opportunity to equally receive reallocation funds as available.
Existing subsections (f) and (i) have been deleted because those provisions are addressed in new subsections (b) and (c), respectively. Existing subsections (g) and (j) have been deleted, as these items are no longer necessary requirements for the program, based on feedback from participating districts.
Re-lettered subsection (i) has been revised to provide clarification regarding the required teacher training for the program.
Re-lettered subsection (j) has been modified to clarify requirements for a tutorial program. A technical edit has been made in re-lettered subsection (k).
No changes were made to the rule since published as proposed.
The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed 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.
The amendment will, however, have positive fiscal implications for school districts. The amendment will assist school districts to have quality extended year programs to serve at-risk students and attain lower retention rates by increasing the available amount of funding per student. The required number of students to serve will be reduced from 10% to 5.0%, which will result in a per-student funding allocation increase with the Optional Extended Year Program Grant opportunity. Currently, on average, 46% of funded school districts have difficulty in serving the required 10%. These districts are then required to pay back the TEA for those students not served. Six percent, on average, decide not to claim the funding awarded to them. This results in a yearly average of $1,650,000 in unused funds that have to be returned to the Foundation School Program. There will be a positive impact on school districts, as the redistribution of funding requirements will result in a greater per-student allocation amount that will allow districts to provide a more in-depth quality program to serve students. Eligible school districts that were not previously participating may choose to apply for and use state funding for extended year programs.
PUBLIC AND STUDENT BENEFIT:
The adopted amendment will provide for a higher per-student allocation amount to school districts to better serve and provide quality programs to at-risk populations in Kindergarten-Grade 12 participating in the Optional Extended Year Program.
PROCEDURAL AND REPORTING IMPLICATIONS:
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The public comment period on the proposal began April 11, 2008, and ended May 11, 2008. Following is a summary of the public comments received and corresponding agency responses regarding the proposed amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter AA, Commissioner's Rules Concerning Optional Extended Year Program, §105.1001, Optional Extended Year Program.
Comment: An individual commented that the minimum base amount for the OEYP should be set at $5,500. The individual further commented that students could be offered a great program at that amount.
Agency Response: The agency agrees that students could be better served by increasing the funds per student. The agency, however, disagrees with setting a specific base amount and has maintained language as published as proposed. The amendment may provide a higher award amount per student due to the percentage of at-risk students districts are required to serve decreasing from 10% to 5%. In addition, any funds made available through the reallocation process will automatically be given back to current OEYP grantees without an increase in the number of students they are required to serve, which may also increase the amount per student.
Comment: The assistant superintendent for curriculum and instruction at Hereford Independent School District commented in favor of the change that allows unused funds to be reallocated to more school districts that receive OEYP funding. The assistant superintendent commented that districts with increasing numbers of at-risk students should receive proportionate funding for summer or extended session needs.
Agency Response: The agency agrees and has maintained language as published as proposed. This rule action will provide a higher funding amount per student. Additional funding may also be available even without an increase in number of students served if reallocated funds become available.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Lizzette Reynolds, Deputy Commissioner, Statewide Policy and Programs
Barbara Knaggs, Associate Commissioner, State Initiatives
Nellie Reyes, Director, Programs for At-Risk Youth
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