EHBC(LEGAL) - SPECIAL PROGRAMS: COMPENSATORY/ACCELERATED SERVICES
Compensatory Education Allotment
A district is entitled to an annual compensatory education allotment for each student:
- Who is educationally disadvantaged; or
- Who does not have a disability and resides in a residential placement facility in a district in which the student's parent or legal guardian does not reside.
The number of educationally disadvantaged students is determined by averaging the best six months' numbers of students eligible for enrollment in the national school lunch program of free or reduced-price lunches for the preceding school year; or in the manner provided by commissioner rule.
A student receiving a full-time virtual education through the state virtual school network (TXVSN) [see EHDE] may be included in determining the number of educationally disadvantaged students if the school district submits to the commissioner of education a plan detailing the enhanced services that will be provided to the student and the commissioner approves the plan.
Education Code 42.152(a)–(b-1)
A district shall use its compensatory education allotment to fund supplemental programs and services designed to eliminate any disparity in performance on state assessment instruments between students at-risk of dropping out of school, as defined below, and all other students.
Specifically, a district may use the funds, other than an indirect cost allotment established by State Board rule, to meet the costs of providing a compensatory, intensive, or accelerated instruction program under Education Code 29.081, a disciplinary alternative education program (DAEP) under Education Code 37.008, or to support a Title I program, at a campus at which at least 40 percent of the students are educationally disadvantaged.
A district may also use allocated funds for:
- A mentoring services program under Education Code 29.089;
- An accelerated reading instruction program under Education Code 28.006(g) for students at risk of dropping out of school as defined by Education Code 29.081(d) and (g);
- A program for treatment of students who have dyslexia or a related disorder, as required by Education Code 38.003, for students at risk of dropping out of school as defined by Education Code 29.081(d) and (g); and
- A program under Education Code 29.081 specifically designed to serve students at risk of dropping out of school.
Education Code 42.152(c), (c-1), (c-2)
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:
- 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;
- 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 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 a student of limited English proficiency, 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, as defined by 42 U.S.C. 11302 and its subsequent amendments [see FD]; or
- 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.
Education Code 29.081(d)–(d-1)
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)
Compensatory, Intensive, and Accelerated Instruction
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)
A district shall provide accelerated instruction to an enrolled student who is at risk of dropping out of school. Education Code 29.081(b)
A district shall evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on state assessment instruments 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 programs must meet the criteria set forth at Education Code 29.081(e), (e-1), or (e-2), as applicable.
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 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
If a district provides an optional extended year program, it shall adopt a policy designed to lead to immediate reduction and ultimate elimination of student retention. Education Code 29.082; 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.
An OFYP must meet the requirements set forth at Education Code 29.0821 and 19 Administrative Code 129.1029.
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, in accordance with 19 Administrative Code 129.1027. Education Code 29.0822
A board must approve the application. The board must include the OFSDP as an item on the regular agenda for a board meeting providing options for public input concerning the proposed application 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 that meets application requirements may:
- Provide flexibility in the number of hours each day a student attends;
- Provide flexibility in the number of days each week a student attends; or
- Allow a student to enroll in less than or more than a full course load.
Except in the case of a course designed for a student who will be denied credit as a result of attendance requirements, a course offered in a program under this section must provide for at least the same number of instructional hours as required for a course offered in a program that meets the required minimum number of minutes of operation under Education Code 25.081.
Education Code 29.0822(b)–(c)
A district may provide an OFSDP for students who:
- Have dropped out of school or are at risk of dropping out of school, as defined above at Definition of At-Risk Student;
- Attend a campus that is implementing an innovative redesign of the campus;
- Attend a community-based dropout recovery education program, as defined by Education Code 29.081(e-1) and (e-2); 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.
A student under 18 years of age is eligible to participate if the student and the student's parent, or person standing in parental relation to the student, agree in writing to the student's participation.
19 TAC 129.1027(b); Education Code 29.0822(a)
A student who will be denied credit for one or more classes as a result of attendance requirements may enroll in a course in an OFSDP offered during the school year or during the period in which school is recessed for the summer to enable the student to earn class credit that the student would not otherwise be able to receive without retaking the class. Education Code 29.0822(e)
A student enrolled in an OFSDP may participate in a competition or activity sanctioned by the University Interscholastic League (UIL) only if the student meets all UIL eligibility criteria. 19 TAC 129.1027(f)
Annual Performance Review
Annually, each school district shall review its progress in relation to the performance indicators as required by 19 Administrative Code 129.1027(h). Progress should be assessed based on information that is disaggregated with respect to race, ethnicity, gender, and socioeconomic status. 19 TAC 129.1027(h)
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
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.
A district may implement an accelerated reading instruction program only if the commissioner certifies that funds have been appropriated during a school year for administering the program.
Education Code 28.006(f), (g), (g-1), (k)
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.
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]
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
Maximum Allowable Indirect Cost
A district may expend no more than the following percentages of the district's Foundation School Program (FSP) special allotments under Education Code Chapter 42, Subchapter C, for indirect costs related to the following programs:
- No more than 48 percent for indirect costs related to:
- Compensatory education,
- Bilingual education and special language programs, and
- Special education.
- No more than 45 percent for indirect costs related to gifted and talented education programs.
- No more than 42 percent for indirect costs related to career and technical education programs.
Beginning with the 2012–13 school year, a district may choose to use a greater indirect cost allotment under Education Code 42.151, .153, .154, and .156, to the extent the district receives less funding per weighted student in state and local maintenance and operations revenue than in the 2011–12 school year. The commissioner shall develop a methodology for a school district to make this determination and may require any information necessary to implement this rule.
19 TAC 105.11