EHBC(LEGAL) - SPECIAL PROGRAMS: COMPENSATORY/ACCELERATED SERVICES
Compensatory Education Allotment
On a schedule determined by the commissioner of education and in accordance with Education Code 48.104, each district shall report to the agency the census block group in which each student enrolled in the district who is educationally disadvantaged resides. Education Code 48.104(i)
At least 55 percent of the district's compensatory education funds must be used to:
- Fund supplemental programs and services, including services provided by an instructional coach, designed to eliminate any disparity in performance on assessment
instruments administered under Education Code Chapter 39, Subchapter B or disparity in the rates of high school completion between:
- Students who are educationally disadvantaged and students who are not educationally disadvantaged; and
- Students at risk of dropping out of school, as defined below, and all other students; or
- Support a program eligible under Title I of the Elementary and Secondary Education Act of 1965 [see AID], and its subsequent amendments, and by federal regulations implementing that Act.
Education Code 48.104(k)
Dropout Prevention Strategies
A district with a high dropout rate, as determined by the commissioner, shall submit a plan to the commissioner describing the manner in which the district intends to use its compensatory education allotment for developing and implementing research-based strategies for dropout prevention.
A district shall submit the plan not later than December 1 of each school year preceding the school year in which the district will receive the compensatory education allotment to which the plan applies.
A district may not spend or obligate more than 25 percent of the district's compensatory education allotment unless the commissioner approves the plan.
A district's plan shall:
- Design a dropout recovery plan that includes career and technology education courses or technology applications courses that lead to industry or career certification;
- Integrate into the dropout recovery plan research-based strategies to assist students in becoming able academically to pursue postsecondary education, including:
- High-quality, college readiness instruction with strong academic and social supports;
- Secondary to postsecondary bridging that builds college readiness skills, provides a plan for college completion, and ensures transition counseling; and
- Information concerning appropriate supports available in the first year of postsecondary enrollment to ensure postsecondary persistence and success, to the extent funds are available for the purpose; and
- Plan to offer advanced academic and transition opportunities, including dual credit courses and college preparatory courses, such as advanced placement courses.
A district may enter into a partnership with a public junior college in accordance with Education Code 29.402 [see GNC] in order to fulfill a plan.
Any program designed to fulfill a plan must comply with the requirements of Education Code 29.081(e) and (f).
Education Code 29.918
Educationally Disadvantaged Students
To be considered educationally disadvantaged in order to be counted to generate the compensatory education allotment pursuant to Education Code 48.104, a student must meet the income requirements for eligibility under the National School Lunch Program (NSLP), authorized by 42 U.S.C. 1751, et seq.
Districts may use the following approved methods for the purpose of receiving the compensatory education allotment pursuant to Education Code 48.104:
- Parent certification, where the parent or guardian asserts meeting the income requirements for eligibility;
- Direct certification, where the process by which eligible children are certified for free meals without the need for a household application based on household participation in one or more federal assistance programs; or
- Direct verification, where public records are used to verify a student's eligibility for free or reduced-price meals when verification of student eligibility is required.
19 TAC 61.1027(a)
Virtual School Network
Districts must request prior approval from the commissioner to claim students receiving a full-time virtual education through the state virtual school network in their counts of educationally disadvantaged students. The request must include a plan detailing the enhanced services to be delivered to full-time state virtual school network students and submitted in a manner and with a deadline specified by the commissioner. 19 TAC 61.1027(b)(3)(B)
Definition of At-Risk Student
"Student at risk of dropping out of school" includes each student who is under 26 years of age and who:
- Except as provided by TEA rule or if retained in prekindergarten under Education Code 28.02124 [see EIE], was not advanced from one grade level to the next for one or more school years, unless the student did not advance from prekindergarten or kindergarten to the next grade level only as a result of the request of the student's parent;
- If the student is in grades 7–12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year, or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;
- Did not perform satisfactorily on a state assessment instrument and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;
- If the student is in prekindergarten, kindergarten, or grades 1–3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;
- Is pregnant or is a parent;
- Has been placed in a DAEP in accordance with Education Code 37.006 during the preceding or current school year;
- Has been expelled in accordance with Education Code 37.007 during the preceding or current school year;
- Is currently on parole, probation, deferred prosecution, or other conditional release;
- Was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;
- Is an emergent bilingual student, as defined by Section 29.052;
- Is in the custody or care of the Department of Family and Protective Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;
- Is homeless [see FD];
- Resided in the preceding school year or resides in the current school year in a residential placement facility in a district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, cottage home operation, specialized child-care home, or general residential operation;
- Has been incarcerated, or has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Penal Code 1.07; or
- Is enrolled in a district or a campus that is designated as a dropout recovery school under Education Code 39.0548.
Education Code 29.081(d)(1)
Regardless of the student's age, a student who participates in an adult education program provided under the adult high school charter school program is considered a "student at risk of dropping out of high school." Education Code 29.081(d)(2)
Local Eligibility Criteria
In addition to students described above, a student who satisfies local eligibility criteria adopted by a board may receive compensatory education services. The number of students receiving services under local eligibility criteria during a school year may not exceed ten percent of the number of students described above who received services from the district during the preceding school year. Education Code 29.081(g)
Designing and Implementing Services
A district shall use student performance data from state basic skills assessment instruments and achievement tests to design and implement appropriate compensatory, intensive, or accelerated instructional services for students in the district's schools that enable the students to perform at grade level at the conclusion of the next regular school term. Education Code 29.081(a)
Services After Unsatisfactory Performance on State Assessments
Accelerated Learning Committee
A district shall establish an accelerated learning committee for each student who does not perform satisfactorily on the following state assessment instruments [see EKB]:
- The third grade mathematics or reading assessment;
- The fifth grade mathematics or reading assessment; or
- The eighth grade mathematics or reading assessment.
Education Code 28.0211(a)
The accelerated learning committee shall be composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of an assessment instrument on which the student failed to perform satisfactorily. The district shall notify the parent or guardian of the time and place for convening the accelerated learning committee and the purpose of the committee. Education Code 28.0221(c)
An accelerated learning committee shall, not later than the start of the subsequent school year, develop an educational plan for the student that provides the necessary accelerated instruction to enable the student to perform at the appropriate grade level by the conclusion of the school year. The educational plan must be documented in writing, and a copy must be provided to the student's parent or guardian.
During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the educational plan. The district shall administer to the student the assessment instrument for the grade level in which the student is placed at the time the district regularly administers the assessment instruments for that school year.
The board shall adopt a policy consistent with the grievance procedure adopted under Education Code 26.011 [see FNG] to allow a parent to contest the content or implementation of an educational plan.
Education Code 28.0211(f)–(f-3)
Failure in a Subsequent School Year
If a student who fails to perform satisfactorily on the third, fifth, or eighth grade math or reading assessment fails in the subsequent school year to perform satisfactorily on an assessment instrument in the same subject, the superintendent, or the superintendent's designee, shall meet with the student's accelerated learning committee to:
- Identify the reason the student did not perform satisfactorily; and
- Determine, in order to ensure the student performs satisfactorily on the assessment instrument at the next administration of the assessment instrument, whether the educational plan developed for the student must be modified to provide the necessary accelerated instruction for that student and any additional resources are required for that student.
The superintendent's designee may be an employee of a regional education service center and may not be a person who served on the student's accelerated learning committee.
Education Code 28.0211(f-4)–(f-5)
The admission, review, and dismissal (ARD) committee of a student who does not perform satisfactorily on a third, fifth, or eighth grade math or reading assessment must meet to determine the manner in which the student will participate in an accelerated instruction program. Education Code 28.0211(i)
Each district shall establish a process allowing for the parent or guardian of a student who fails to perform satisfactorily on a third, fifth, or eighth grade math or reading assessment to make a request for district consideration that the student be assigned to a particular classroom teacher in the applicable subject area for the subsequent school year, if more than one classroom teacher is available. Education Code 28.0211(a-5)
A student who fails to perform satisfactorily on a third, fifth, or eighth grade math or reading assessment and is promoted to the next grade level must be assigned in the subsequent school year in each subject in which the student failed to perform satisfactorily on the applicable assessment instrument to an appropriately certified teacher who meets all state and federal qualifications to teach that subject and grade.
In a manner consistent with federal law and notwithstanding any other law, the commissioner may waive the requirement regarding the assignment of a student to an appropriately certified classroom teacher on the request of a district.
Education Code 28.0211(n)–(n-1)
Each time a student fails to perform satisfactorily on a state assessment instrument in the third, fourth, fifth, sixth, seventh, or eighth grade [see EKB], the district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area during the subsequent summer or school year and either:
- Allow the student to be assigned a classroom teacher who is certified as a master, exemplary, or recognized teacher under the local optional teacher designation system [see DEAA] for the subsequent school year in the applicable subject area; or
- Provide the student supplemental instruction under Education Code 28.0211(a-4) [see below].
Accelerated instruction provided during the following school year may require participation of the student before or after normal school hours.
In providing accelerated instruction, a district may not remove a student, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction would be removed, from:
- Instruction in the foundation curriculum and enrichment curriculum adopted under Education Code 28.002 [see EHA series] for the grade level in which the student is enrolled; or
- Recess or other physical activity that is available to other students enrolled in the same grade level.
Supplemental Instruction Requirements
If a district receives funding under Education Code 29.0881, the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then supplemental instruction provided by a district must:
- Include targeted instruction in the essential knowledge and skills for the applicable grade levels and subject area;
- Be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled;
- Be provided for no less than 30 total hours during the subsequent summer or school year and, unless the instruction is provided fully during summer, include instruction no less than once per week during the school year;
- Be designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area;
- Include effective instructional materials designed for supplemental instruction;
- Be provided to a student individually or in a group of no more than three students, unless the parent or guardian of each student in the group authorizes a larger group;
- Be provided by a person with training in the applicable instructional materials for the supplemental instruction and under the oversight of the district; and
- To the extent possible, be provided by one person for the entirety of the student's supplemental instruction period.
Education Code 28.0211(a-1)–(a-4)
A district shall provide students required to attend the accelerated programs described above with transportation to those programs if the programs occur outside of regular school hours. Education Code 28.0211(j)
Notice to Parents of Performance and Accelerated Instruction
Whenever a district is required to notify a parent or guardian about the requirements related to promotion and accelerated instruction, the district shall make a good-faith effort to ensure that the notice is provided either in person or by regular mail, is clear and easy to understand, and is written in English or in the parent or guardian's native language. Education Code 28.0211 (h)
Assessments Not Required
Education Code 28.0211 does not require the administration of a fifth or eighth grade assessment instrument in a subject under Education Code 39.023(a) to a student enrolled in the fifth or eighth grade, as applicable, if the student:
- Is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted or developed under Education Code 39.023(a) [see EKB] that aligns with the curriculum for the course in which the student is enrolled; or
- Is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument [see EKB] for the course.
Notwithstanding any other provision of Education Code 28.0211, the student may not be denied promotion on the basis of failure to perform satisfactorily on an assessment instrument not required to be administered to the student, nor may a student in grade 5 or grade 8 be denied promotion to the next grade on the basis of failure to perform satisfactorily on a reading or mathematics assessment instrument intended for use above the student's grade level.
Education Code 28.0211(o)–(p)
Accelerated Instruction After EOC Assessments
A district shall provide accelerated instruction to an enrolled student who has taken an end-of-course (EOC) assessment instrument and has not performed satisfactorily or who is at risk of dropping out of school.
A district shall offer before the next scheduled administration of the assessment instrument, without cost to the student, additional accelerated instruction to each student in any subject in which the student failed to perform satisfactorily on an end-of-course assessment instrument required for graduation.
A district that is required to provide accelerated instruction must separately budget sufficient funds for that purpose. [See CE]
A district shall evaluate the effectiveness of accelerated instruction programs and annually hold a public hearing to consider the results.
Education Code 29.081(b), (b-1), (b-2), (b-3), 39.025(b-1)
Each time a student fails to perform satisfactorily on an assessment instrument administered under Education Code 39.023(c), the district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area.
Accelerated instruction may require participation of the student before or after normal school hours and may include participation at times of the year outside normal school operations and must comply with the requirements for accelerated instruction provided under Education Code 28.0211 [see above].
Education Code 28.0217
A district shall evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on state assessment instruments or disparity in the rates of high school completion between students at risk of dropping out of school and all other district students. Education Code 29.081(c)
Dropout Recovery Education Programs
A district may use a private or public community-based dropout recovery education program to provide alternative education programs for students at risk of dropping out of school. The program may be offered at a campus or through the use of an online program that leads to a high school diploma and prepares the student to enter the workforce. A campus-based dropout recovery education program must meet the criteria set forth at Education Code 29.081(e-1)(1)–(5). An online dropout recovery education program must meet the criteria set forth at Education Code 29.081(e-2)(1)–(8).
Students in attendance at a dropout recovery education program shall be included in a district's average daily attendance for funding purposes.
Education Code 29.081(e)–(f)
Communities in Schools
An elementary or secondary school receiving funding under Education Code 33.156 shall participate in the Communities in Schools (CIS) program if the number of students enrolled in the school who are at risk of dropping out of school is equal to at least ten percent of the number of students in average daily attendance at the school, as determined by TEA. Education Code 33.157
Optional Extended Year Program
A district may set aside an amount from the district's compensatory education allotment or may apply to the agency for funding of an extended year program. Education Code 29.082(a); 19 TAC 105.1001
Optional Flexible Year Program
A district may provide an optional flexible year program (OFYP) for students who did not or are not likely to perform successfully on state assessment instruments or who would not otherwise be promoted to the next grade level. Education Code 29.0821; 19 TAC 129.1029
Optional Flexible School Day Program
Notwithstanding Education Code 25.081 or 25.082, a district may apply to the commissioner to provide a flexible school day program (OFSDP) for students who:
- Have dropped out of school or are at risk of dropping out of school as defined by Education Code 29.081;
- Attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; or
- As a result of attendance requirements under Education Code 25.092, will be denied credit for one or more classes in which the students have been enrolled.
Education Code 29.0822
A district may apply to the commissioner to provide an OFSDP for students, in accordance with 19 Administrative Code 129.1027.
A board must approve the application. The board must include the OFSDP as an item on the regular agenda for a board meeting in compliance with 19 Administrative Code 129.1027(h)(2) before applying to operate an OFSDP. The application shall include the information described in 19 Administrative Code 129.1027.
19 TAC 129.1027(c)
A district may provide tutorial services at district schools. If a district provides tutorial services, it shall require a student whose grade in a subject for a reporting period is lower than the equivalent of 70 on a scale of 100 to attend tutorials. [See EC for provisions on loss of class time.]
A district may provide transportation services to accommodate students who are required to attend tutorials and who are eligible for regular transportation.
Education Code 29.084
Basic Skills Programs
A district may apply to the commissioner for funding of basic skills programs for students in grade 9 who are at risk of not earning sufficient credit or who have not earned sufficient credit to advance to grade 10 and who fail to meet minimum skills levels established by the commissioner.
With the consent of a student's parent or guardian, a district may assign a student to the basic skills program.
A basic skills program may not exceed 210 instructional days and must meet the requirements set forth at Education Code 29.086.
Education Code 29.086(a)
After-School and Summer Intensive Mathematics and Science Programs
A district may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide mathematics and science instruction to:
- Students who are not performing at grade level in mathematics or science to assist those students in performing at grade level;
- Students who are not performing successfully in a mathematics course or science course to assist those students in successfully completing the course; or
- Other students as determined by the district.
Before providing a program, a board must adopt a policy for:
- Determining student eligibility for participating in the program that:
- Prescribes the grade level or course a student must be enrolled in to be eligible; and
- Provides for considering teacher recommendations in determining eligibility;
- Ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;
- Ensuring that eligible students are encouraged to attend the program;
- Ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and
- Measuring student progress on completion of the program.
Education Code 29.088, .090; 19 TAC 102.1041
Mentoring Services Program
A district may provide a mentoring services program to students at risk of dropping out of school. A board may arrange for any public or nonprofit community-based organization to come to the district's schools and implement the program.
A board shall obtain the consent of a student's parent or guardian before allowing the student to participate in the program.
Education Code 29.089
Accelerated Reading Instruction Program
A district shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies to each student in kindergarten, first grade, or second grade who is determined, on the basis of reading instrument results [see EKC], to be at risk for dyslexia or other reading difficulties. The district shall determine the form, content, and timing of the program.
A district shall provide additional reading instruction and intervention to each student given the seventh grade reading assessment [see EKC], as appropriate to improve the student's reading skills in the relevant areas identified through the assessment instrument.
Education Code 28.006(g), (g-1)
Intensive Program of Instruction
A district shall offer an intensive program of instruction to a student who does not perform satisfactorily on a state assessment instrument or is not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade 9, as determined by the district.
The program shall be designed to:
- Enable the student to:
- To the extent practicable, perform at the student's grade level at the conclusion of the next regular school term; or
- Attain a standard of annual growth specified by a district and reported by the district to TEA; and
- If applicable, carry out the purposes of Education Code 28.0211. [See EIE]
Students Receiving Special Education Services
For a student in a special education program who does not perform satisfactorily on an assessment instrument administered under Education Code 39.023(a), (b), or (c), the student's admission, review, and dismissal committee shall design the program to:
- Enable the student to attain a standard of annual growth on the basis of the student's individualized education program (IEP); and
- If applicable, carry out the purposes of Education Code 28.0211. [See EIE]
A district shall use funds appropriated by the legislature for an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements.
No Cause of Action
A district's determination of the appropriateness of an intensive program of instruction for a student is final and does not create a cause of action.
Education Code 28.0213
College Preparatory Courses
Each district shall partner with at least one institution of higher education to develop and provide courses in college preparatory mathematics and English language arts. The courses must be designed:
- For students at the 12th grade level whose performance on:
- An end-of-course assessment instrument required under Education Code 39.023(c) does not meet college readiness standards; or
- Coursework, a college entrance examination, or an assessment instrument designated under Education Code 51.334 [Texas Success Initiative (TSI) assessment] indicates that the student is not ready to perform entry-level college coursework; and
- To prepare students for success in entry-level college courses.
A course must be provided on the campus of the high school offering the course or through distance learning or as an online course provided through an institution of higher education with which the district partners.
Appropriate faculty of each high school offering courses and appropriate faculty of each institution of higher education with which the district partners shall meet regularly as necessary to ensure that each course is aligned with college readiness expectations.
Each district shall provide a notice to each eligible student and the student's parent or guardian regarding the benefits of enrolling in a course.
A student who successfully completes an English language arts course may use the credit earned toward satisfying the advanced English language arts curriculum requirement for the foundation high school program under Education Code 28.025(b-1)(1). A student who successfully completes a mathematics course may use the credit earned in the course toward satisfying an advanced mathematics curriculum requirement under Education Code 28.025 after completion of the mathematics curriculum requirements for the foundation high school program under Education Code 28.025(b-1)(2).
A course may be offered for dual credit at the discretion of the institution of higher education with which a district partners.
Each district, in consultation with each institution of higher education with which the district partners, shall develop or purchase instructional materials for a course consistent with Education Code Chapter 31. The instructional materials must include technology resources that enhance the effectiveness of the course and draw on established best practices.
Education Code 28.014
A student enrolled in a college preparatory mathematics or English language arts course under Education Code 28.014 who satisfies the TSI college readiness benchmarks on an assessment instrument administered at the end of the course satisfies the requirements concerning and is exempt from the administration of the Algebra I or the English I and English II end-of-course assessment instruments, as applicable, as prescribed by Education Code 39.023(c) [see EKB], even if the student did not perform satisfactorily on a previous administration of the applicable end-of-course assessment instrument. A student who fails to perform satisfactorily on the assessment instrument may retake that assessment instrument or may take the appropriate end-of-course assessment instrument. Education Code 39.025(a-1)