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062904 |
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SPECIAL PROGRAMS: |
EHBC |
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COMPENSATORY/ACCELERATED
SERVICES |
(LEGAL) |
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DEFINITION OF AT-RISK
STUDENT |
"Student at risk
of dropping-out of school" includes each student who is under 21 years
of age and who: 1. If the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a
readiness test or assessment instrument administered during the current school
year; 2. If the student is in grade 7, 8, 9, 10, 11, or
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; 3. Was not advanced from one grade level to the
next for one or more school years; 4. 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; 5. Is pregnant or is a parent; 6. Has been placed in an alternative education
program under Education Code 37.006 during the preceding or current school
year; 7. Has been expelled during the preceding or
current school year; 8. Is currently on parole, probation, deferred
prosecution, or other conditional release; 9. Was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out of
school; 10. Is a student of limited English proficiency, as
defined by Section 29.052; 11. Is in the custody or care of the Department of
Protective and Regulatory 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; 12. Is homeless, as defined by 42 U.S.C. 11302 and
its subsequent amendments [see FD], or 13. Resided in the preceding school year or resides
in the current school year in a residential placement facility in the
District, including a detention facility, substance abuse treatment facility,
emergency shelter, psychiatric hospital, halfway house, or foster group home. |
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LOCAL ELIGIBILITY
CRITERIA |
In addition to students described
above, a student who satisfies local eligibility criteria adopted by the
Board may receive instructional services under this policy. 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(d), (g) |
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INTENSIVE PROGRAM OF INSTRUCTION |
The 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 perform at the student's grade level at the conclusion of the next
regular school term, to the extent practicable, or to attain a standard of
annual growth specified by the District and reported by the District to TEA
and, if applicable, to carry out the purposes of Education Code 28.0211. For a student in a special education
program under Education Code Subchapter 29(A), who does not perform
satisfactorily on a state assessment instrument, 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 and, if applicable, carry out the purposes
of Education Code 28.0211. The District's determination of the
appropriateness of a program for a student is final and does not create a
cause of action. The 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. The Commissioner shall distribute funds to districts that
implement the program based on the number of students identified by the
District who do not Perform satisfactorily on a state assessment instrument
or are not likely to receive a high school diploma before the fifth school
year following the student's enrollment in grade nine, as determined by the
District. Education Code 28.0213 |
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COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION |
The 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 be performing at grade level
at the conclusion of the next regular school term. The District shall provide accelerated
instruction to enrolled students who have not performed satisfactorily on
each section of the secondary exit-level assessment instrument or who are at
risk of dropping out of school. |
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EFFECTIVENESS |
The 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. The evaluation shall include an
analysis of the effectiveness of each program described in the campus and
District improvement plans for reducing such disparities. Education Code 29.081(a), (b), (c) |
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USE OF COMPENSATORY
EDUCATION ALLOTMENT |
The District shall use its
compensatory education allotment to fund supplemental programs and services
designed to eliminate any disparity in performance on state assessment
instruments or disparity in the rates of high school completion between
at-risk students and all other students. Specifically, the District may use
the funds, other than an indirect cost allotment established by State Board
rule, which may not exceed 15 percent, in providing a compensatory,
intensive, or accelerated instruction program or an alternative education
program established under Education Code 37.008 or to support a program
eligible under Title I of the Elementary and Secondary Education Act of 1965
and its subsequent amendments and implementing regulations, at a campus at
which at least 40 percent of the students are educationally disadvantaged. In
meeting the costs of providing a compensatory, intensive, or accelerated
instruction program, the District's compensatory education allotment shall be
used for costs supplementary to the regular education program, such as costs
for program and student evaluation, instructional materials and equipment and
other supplies required for quality instruction, supplemental staff expenses,
salary for teachers of at-risk students, smaller class size, and
individualized instruction. The District may also use allocated
funds to fund the District's mentoring services program under Education Code
29.089. |
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AT RISK OF DROPPING
OUT |
The District may use its compensatory
education allotment for a program specifically designed to serve students at
risk of dropping out of school. |
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EDUCATIONALLY
DISADVANTAGED |
The number of educationally
disadvantaged students is determined
2. In the manner provided by Commissioner of
Education rule, if no campus in the District participated in the national
school lunch program of free or reduced-price lunches during the preceding
school year. |
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LIMITATION ON DAEP |
To ensure that a sufficient amount of
compensatory education funds are available to supplement instructional
programs and services, no more than 18 percent of the funds allotted under
this section may be used to fund disciplinary alternative education programs.
The Commissioner may waive the limitations upon an annual petition, by the
District's Board and site-based decision making committee, presenting the
reason for the need to spend supplemental compensatory education funds on
disciplinary alternative education programs, provided that the District
reports the number of students in each grade level, by demographic subgroup,
not making satisfactory progress under the state's assessment system. Notwithstanding Education Code
42.152(c), funds allocated may be used to fund in proportion to the
percentage of students served by the program that meet the criteria in
Education Code 29.081(d) or (g): 1. An accelerated reading instruction program
under Education Code 28.006(g), or 2. A program for treatment of students who have
dyslexia or a related disorder as required by Education Code 38.003. Education Code 42.152 |
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TUTORIAL SERVICES |
The District may provide tutorial
services at District schools. If the District provides tutorial services, it
shall require a student whose grade in a subject for a reporting period is
lower than 70 to attend tutorials. The 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 |
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ACCELERATED |
The 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
re-suits [see EKC], to be at risk for dyslexia or other reading
difficulties. The District shall determine the form, content, and timing of
that program. The admission, review, and dismissal committee of a student who
participates in the District's special education program and who does not
perform satisfactorily on a reading instrument shall determine the manner in
which the student will participate in an accelerated reading program. |
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LIMITATION |
However, the accelerated reading
instruction program may be implemented only if the Commissioner certifies, no
later than July 1 of each year, that funds have been
appropriated during a school year for administering the accelerated reading
instruction program. Education Code 28.006 |
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READY-TO-READ GRANTS |
The Commissioner shall make grants in
support of prereading instruction. These grants
shall be used to provide scientific, research-based prereading
instruction for the purpose of directly improving prereading
skills and for identifying cost-effective models for prereading
intervention. As a condition to receiving a grant, public or private funds
matching the grant must be pledged in a percentage set by the Commissioner. Education
Code 29.157 |
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AFTER-SCHOOL AND
SUMMER INTENSIVE MATHEMATICS AND SCIENCE |
The 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: 1. Students who are not performing at grade level
in mathematics or science to assist those students in performing at grade
level; 2. Students who are not performing successfully in
a mathematics course or science course to assist those students in
successfully completing the course; or 3. Other students as determined by the District. Before providing a program, the Board
must adopt a policy for: 1. Determining student eligibility for
participating in the program that: a. Prescribes the grade level or course a student
must be enrolled in to be eligible; and b. Provides for considering teacher
recommendations in determining eligibility; 2. Ensuring that parents of or persons standing in
parental relation to eligible students are provided notice of the program; 3. Ensuring that eligible students are encouraged
to attend the program; 4. Ensuring that the program is offered at one or
more locations in the District that are easily accessible to eligible
students; and 5. Measuring student progress on completion of the
program. The Commissioner by rule shall adopt
guidelines and procedures related to funding and reporting. Education Code 29.088, 29.089 |
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OPTIONAL EXTENDED-YEAR
PROGRAM |
The District may set aside an amount
from its compensatory education allotment, or may apply to TEA for funding of
an extended-year program, for a period not to exceed 30 instructional days
for: 1. Students in kindergarten through grade 11 who
are identified as not meeting District standards or policies for promotion on
the basis of academic achievement or demonstrated proficiency of the subject
matter of the course or grade level; or 2. Students in grade 12 who are identified as
likely not to graduate from high school before the beginning of the
succeeding school year. Each district seeking funding for an
extended-year program must submit an application to the Commissioner of
Education. If the District provides an
extended-year program, it shall adopt a policy designed to lead to immediate
reduction and ultimate elimination of student retention. The District may not enroll more than
16 students in a class provided in an optional extended-year program. Each
class must be taught by a teacher who has completed a program that provides
training to teach such a class. The training shall provide teachers with the
knowledge and skills needed to help students in the program meet challenging
state content and student performance standards. Training is to occur prior
to the implementation of the program, and additional professional development
may be provided throughout the implementation of the program. |
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DISTRICT REQUIREMENTS |
The District must: 1. Incorporate effective instructional strategies
into the design of the program to ensure students are provided with the
skills needed to be successful in the following school year. An extended day
program must be implemented beyond the regular seven-hour day and may not
include tutorials or extended in-school day care services. A tutorial program
is not an acceptable instructional design for the program. 2. Include a parent/family awareness component in
the extended-year program. 3. Submit to TEA an annual report evaluating the
program. The report shall include a complete list of students who
participated in the program for at least one day. 4. Maintain documentation of its compliance with
the requirements of the optional extended-year provisions of this policy. An extended-year program may extend
the year, the week, or the day. The program shall be conducted beyond the
required instructional days which may include intercessions for year-round
programs. The District may use optional
extended-year program funds for follow-up activities so long as the optional
extended-year program is provided for no less than 30 instructional days.
These follow-up activities are restricted to participants of the program. All
costs under the optional extended-year program must be necessary and
reasonable for carrying out the objectives of the program and for the proper
and efficient performance and administration of the program. The District shall provide
transportation to each student who is required to attend a program, under
this section and who is eligible for regular transportation services. [See
policies at EIE and FDC] Education Code 29.082; 19 TAC
105.1001 |
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OPTIONAL FLEXIBLE YEAR
PROGRAM
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The District may
provide a flexible year program for students who did not or are likely not to
perform successfully on state assessment instruments or who would not
otherwise be promoted to the next grade level. Education Code 29.0821
[See EB] |
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MENTORING SERVICES
PROGRAM |
The District may
provide a mentoring services program to students at risk of dropping out of
school. The Board shall obtain the consent of a student's parent or guardian
before allowing the student to participate in the program. The Board may
arrange for any public or nonprofit community-based organization to come to
the District's schools and implement the program. |
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ACCOUNTABILITY |
The Commissioner shall
determine accountability standards for a district providing a mentoring
services program using funds allocated under Education Code 42.152. |
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FUNDING |
The District may use funds allocated
under Education Code 42.152 to fund a mentoring services program. Education Code 29.089; 42.152(c-1) |
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BASIC SKILLS PROGRAMS
FOR HIGH SCHOOL STUDENTS |
The District may apply
to the Commissioner for funding of special 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, the District may assign a student to the basic skills
program, which may not exceed 210 instructional days. Education Code
29.086 |
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DROPOUT RECOVERY
EDUCATION PROGRAMS |
The 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: 1. Provide not less than four hours of
instructional time per day; 2. Employ as faculty and administrators persons
with baccalaureate or advanced degrees, 3. Provide at least one instructor for each 28
students; 4. Perform satisfactorily according to performance
indicators and accountability standards adopted for alternative education
programs by the Commissioner; and 5. Comply with the Education Code and rules
adopted thereunder. Education Code 29.081(e) |
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DATE
ISSUED: |
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UPDATE
72 |
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EHBC
(LEGAL)—P |
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