Commissioner's Rules
Adopted New 19 TAC Chapter 102, Educational Programs, Subchapter EE, Commissioner's Rules Concerning Pilot Programs, §102.1056, Dropout Recovery Pilot Program
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted New 19 TAC Chapter 102, Educational Programs, Subchapter EE, Commissioner's Rules Concerning Pilot Programs, §102.1056, Dropout Recovery Pilot Program (PDF)
III. Summary of Public Comments and Agency Responses
SUMMARY:
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, §102.1056, Dropout Recovery Pilot Program, in accordance with the Texas Education Code (TEC), Chapter 39, Subchapter L. The adopted new rule establishes a grant program for dropout recovery that meets the requirements of the Strategic Plan of the High School Completion and Success Initiative Council authorized in the TEC, §39.361(c).
STATUTORY AUTHORITY:
TEC, §§39.357(b), 39.361(c), and 39.366, as added by House Bill 2237, 80th Texas Legislature, 2007.
EFFECTIVE DATE:
August 28, 2008.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The TEC, §39.357(b), requires the commissioner to establish rules as necessary to administer the strategic plan adopted by the High School Completion and Success Initiative Council (Council). The TEC, §39.361(c), authorizes the commissioner to establish grant programs to meet the goals of the Council's strategic plan. In addition, the TEC, §39.366, authorizes the commissioner to adopt rules as necessary to administer the High School Completion and Success Initiative.
The strategic plan was adopted by the Council on March 11, 2008. The Council's goals are to: reduce high school dropout rates, improve postsecondary success, and close gaps in achievement among student socio-economic, racial, and ethnic groups. Under these goals, the Council specified objectives and corresponding action plans. In action plan 1.3.1, the strategic plan provides for targeted intervention programs to serve students who have academic deficiencies, are at-risk of dropping out of school, or have already dropped out of school through traditional and alternative education settings. The strategic plan further specifies the inclusion of a dropout recovery program for which a variety of service providers are eligible such as school districts, open-enrollment charter schools, regional education service centers, institutions of higher education, and nonprofit organizations.
The adopted new 19 TAC §102.1056 implements the statutory provisions of the dropout recovery pilot program as follows.
• Subsection (a) defines words and terms used in the section.
• Subsection (b) outlines eligibility requirements for grant applicants.
• Subsection (c) provides information required to be submitted in any application for funding.
• Subsection (d) provides for the notification, in writing, of selected or non-selected applicants.
• Subsection (e) outlines the conditions of pilot program operation.
• Subsection (f) explains the grant funding mechanism to include: base funding; performance funding, including interim benchmark payments and completion payments; other funding for school districts under the Foundation School Program; and other funding for eligible institutions of higher education, nonprofit organizations, county departments of education, and education service centers under the grant.
• Subsection (g) provides a list of allowable expenditures.
• Subsection (h) provides a list of disallowed expenditures.
• Subsection (i) provides for grantee compliance with evaluation procedures established by the commissioner.
• Subsection (j) defines the subsequent funding eligibility.
• Subsection (k) defines the conditions leading to revocation of the grant.
• Subsection (l) outlines requirements for access to records.
• Subsection (m) provides for creation of a technical advisory panel.
In response to public comment, subsection (n) was added at adoption to allow for the audit and recovery of grant funds against any state provided funds.
FISCAL IMPACT:
The adopted new rule establishes procedures for implementation of the Dropout Recovery Pilot Program. The 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.
PUBLIC AND STUDENT BENEFIT:
Eligible students will benefit through expanded access to programs in which they may earn a high school diploma or demonstrate college readiness.
PROCEDURAL AND REPORTING IMPLICATIONS:
Approved pilot program participants will be required to adhere to all procedural, reporting, and evaluation requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
Entities awarded funding will be required to maintain grant application documentation and program-related paperwork.
PUBLIC COMMENTS:
The public comment period began June 20, 2008, and ended July 21, 2008. In addition, a public hearing was held on June 25, 2008, in Austin, Texas, to receive public comment on the proposed new rule. A summary of the public comments received and corresponding agency responses regarding proposed new 19 TAC Chapter 102, Educational Programs, Subchapter EE, Commissioner's Rules Concerning Pilot Programs, §102.1056, Dropout Recovery Pilot Program, can be found in Attachment III.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Barbara Scroggie Knaggs, Associate Commissioner, State Initiatives
Jan Lindsey, Senior Director, College and Career Readiness Initiatives
For additional information, email rules@tea.state.tx.us.