EDUCATION CODE
CHAPTER 29. EDUCATIONAL PROGRAMS
SUBCHAPTER A. SPECIAL EDUCATION PROGRAM
§ 29.001. STATEWIDE PLAN. The agency shall develop, and
modify as necessary, a statewide design, consistent with federal
law, for the delivery of services to children with disabilities in
this state that includes rules for the administration and funding
of the special education program so that a free appropriate public
education is available to all of those children between the ages of
three and 21. The statewide design shall include the provision of
services primarily through school districts and shared services
arrangements, supplemented by regional education service centers.
The agency shall also develop and implement a statewide plan with
programmatic content that includes procedures designed to:
(1) ensure state compliance with requirements for
supplemental federal funding for all state-administered programs
involving the delivery of instructional or related services to
students with disabilities;
(2) facilitate interagency coordination when other
state agencies are involved in the delivery of instructional or
related services to students with disabilities;
(3) periodically assess statewide personnel needs in
all areas of specialization related to special education and pursue
strategies to meet those needs through a consortium of
representatives from regional education service centers, local
education agencies, and institutions of higher education and
through other available alternatives;
(4) ensure that regional education service centers
throughout the state maintain a regional support function, which
may include direct service delivery and a component designed to
facilitate the placement of students with disabilities who cannot
be appropriately served in their resident districts;
(5) allow the agency to effectively monitor and
periodically conduct site visits of all school districts to ensure
that rules adopted under this section are applied in a consistent
and uniform manner, to ensure that districts are complying with
those rules, and to ensure that annual statistical reports filed by
the districts and not otherwise available through the Public
Education Information Management System under Section 42.006, are
accurate and complete;
(6) ensure that appropriately trained personnel are
involved in the diagnostic and evaluative procedures operating in
all districts and that those personnel routinely serve on district
admissions, review, and dismissal committees;
(7) ensure that an individualized education program
for each student with a disability is properly developed,
implemented, and maintained in the least restrictive environment
that is appropriate to meet the student's educational needs;
(8) ensure that, when appropriate, each student with a
disability is provided an opportunity to participate in career and
technology and physical education classes, in addition to
participating in regular or special classes;
(9) ensure that each student with a disability is
provided necessary related services; and
(10) ensure that an individual assigned to act as a
surrogate parent for a child with a disability, as provided by 20
U.S.C. Section 1415(b) and its subsequent amendments, is required
to:
(A) complete a training program that complies
with minimum standards established by agency rule;
(B) visit the child and the child's school;
(C) consult with persons involved in the child's
education, including teachers, caseworkers, court-appointed
volunteers, guardians ad litem, attorneys ad litem, foster parents,
and caretakers;
(D) review the child's educational records;
(E) attend meetings of the child's admission,
review, and dismissal committee;
(F) exercise independent judgment in pursuing
the child's interests; and
(G) exercise the child's due process rights under
applicable state and federal law.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 430, § 1, eff. Sept. 1,
1999.
§ 29.002. DEFINITION. In this subchapter, "special
services" means:
(1) special education instruction, which may be
provided by professional and supported by paraprofessional
personnel in the regular classroom or in an instructional
arrangement described by Section 42.151; and
(2) related services, which are developmental,
corrective, supportive, or evaluative services, not instructional
in nature, that may be required for the student to benefit from
special education instruction and for implementation of a student's
individualized education program.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, § 1, eff. June 13,
2001.
§ 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
develop specific eligibility criteria based on the general
classifications established by this section with reference to
contemporary diagnostic or evaluative terminologies and
techniques. Eligible students with disabilities shall enjoy the
right to a free appropriate public education, which may include
instruction in the regular classroom, instruction through special
teaching, or instruction through contracts approved under this
subchapter. Instruction shall be supplemented by the provision of
related services when appropriate.
(b) A student is eligible to participate in a school
district's special education program if the student:
(1) is not more than 21 years of age and has a visual or
auditory impairment that prevents the student from being adequately
or safely educated in public school without the provision of
special services; or
(2) is at least three but not more than 21 years of age
and has one or more of the following disabilities that prevents the
student from being adequately or safely educated in public school
without the provision of special services:
(A) physical disability;
(B) mental retardation;
(C) emotional disturbance;
(D) learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.004. FULL INDIVIDUAL AND INITIAL
EVALUATION. (a) A written report of a full individual and initial
evaluation of a student for purposes of special education services
shall be completed not later than the 60th calendar day following
the date on which the school district, in accordance with 20 U.S.C.
Section 1414(a), as amended, receives written consent for the
evaluation, signed by the student's parent or legal guardian.
(b) The evaluation shall be conducted using procedures that
are appropriate for the student's most proficient method of
communication.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, § 2, eff. June 13,
2001; Acts 2003, 78th Leg., ch. 539, § 3, eff. Sept. 1, 2003.
§ 29.0041. INFORMATION AND CONSENT FOR CERTAIN
PSYCHOLOGICAL EXAMINATIONS OR TESTS. (a) On request of a child's
parent, before obtaining the parent's consent under 20 U.S.C.
Section 1414 for the administration of any psychological
examination or test to the child that is included as part of the
evaluation of the child's need for special education, a school
district shall provide to the child's parent:
(1) the name and type of the examination or test; and
(2) an explanation of how the examination or test will
be used to develop an appropriate individualized education program
for the child.
(b) If the district determines that an additional
examination or test is required for the evaluation of a child's need
for special education after obtaining consent from the child's
parent under Subsection (a), the district shall provide the
information described by Subsections (a)(1) and (2) to the child's
parent regarding the additional examination or test and shall
obtain additional consent for the examination or test.
(c) The time required for the district to provide
information and seek consent under Subsection (b) may not be
counted toward the 60 calendar days for completion of an evaluation
under Section 29.004. If a parent does not give consent under
Subsection (b) within 20 calendar days after the date the district
provided to the parent the information required by that subsection,
the parent's consent is considered denied.
Added by Acts 2003, 78th Leg., ch. 1008, § 2, eff. June 20, 2003.
§ 29.005. INDIVIDUALIZED EDUCATION
PROGRAM. (a) Before a child is enrolled in a special education
program of a school district, the district shall establish a
committee composed of the persons required under 20 U.S.C. Section
1401(11) to develop the child's individualized education program.
(b) The committee shall develop the individualized
education program by agreement of the committee members or, if
those persons cannot agree, by an alternate method provided by the
agency. Majority vote may not be used to determine the
individualized education program.
(c) If the individualized education program is not
developed by agreement, the written statement of the program
required under 20 U.S.C. Section 1401(11) must include the basis of
the disagreement.
(d) If the child's parent is unable to speak English, the
district shall:
(1) provide the parent with a written or audiotaped
copy of the child's individualized education program translated
into Spanish if Spanish is the parent's native language; or
(2) if the parent's native language is a language other
than Spanish, make a good faith effort to provide the parent with a
written or audiotaped copy of the child's individualized education
program translated into the parent's native language.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1372, § 1, eff. June 19,
1999; Acts 2001, 77th Leg., ch. 767, § 3, eff. June 13, 2001.
§ 29.006. CONTINUING ADVISORY COMMITTEE. The governor
shall appoint a continuing advisory committee, composed of 17
members, under 20 U.S.C. Section 1412(a)(21). The appointments are
not subject to confirmation by the senate. Members of the committee
are appointed for staggered terms of four years with the terms of
eight or nine members expiring on February 1 of each odd-numbered
year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, § 4, eff. June 13,
2001.
§ 29.007. SHARED SERVICES ARRANGEMENTS. School
districts may enter into a written contract to jointly operate
their special education programs. The contract must be approved by
the commissioner. Funds to which the cooperating districts are
entitled may be allocated to the districts jointly as shared
services arrangement units or shared services arrangement funds in
accordance with the shared services arrangement districts'
agreement.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL
PLACEMENT. (a) A school district, shared services arrangement
unit, or regional education service center may contract with a
public or private facility, institution, or agency inside or
outside of this state for the provision of services to students with
disabilities. Each contract for residential placement must be
approved by the commissioner. The commissioner may approve a
residential placement contract only after at least a programmatic
evaluation of personnel qualifications, adequacy of physical plant
and equipment, and curriculum content. The commissioner may
approve either the whole or a part of a facility or program.
(b) Except as provided by Subsection (c), costs of an
approved contract for residential placement may be paid from a
combination of federal, state, and local funds. The local share of
the total contract cost for each student is that portion of the
local tax effort that exceeds the district's local fund assignment
under Section 42.252, divided by the average daily attendance in
the district. If the contract involves a private facility, the
state share of the total contract cost is that amount remaining
after subtracting the local share. If the contract involves a
public facility, the state share is that amount remaining after
subtracting the local share from the portion of the contract that
involves the costs of instructional and related services. For
purposes of this subsection, "local tax effort" means the total
amount of money generated by taxes imposed for debt service and
maintenance and operation less any amounts paid into a tax
increment fund under Chapter 311, Tax Code.
(c) When a student, including one for whom the state is
managing conservator, is placed primarily for care or treatment
reasons in a private residential facility that operates its own
private education program, none of the costs may be paid from public
education funds. If a residential placement primarily for care or
treatment reasons involves a private residential facility in which
the education program is provided by the school district, the
portion of the costs that includes appropriate education services,
as determined by the school district's admission, review, and
dismissal committee, shall be paid from state and federal education
funds.
(d) A district that contracts for the provision of education
services rather than providing the services itself shall oversee
the implementation of the student's individualized education
program and shall annually reevaluate the appropriateness of the
arrangement. An approved facility, institution, or agency with
whom the district contracts shall periodically report to the
district on the services the student has received or will receive in
accordance with the contract as well as diagnostic or other
evaluative information that the district requires in order to
fulfill its obligations under this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 3, eff. Sept. 1,
1997.
§ 29.009. PUBLIC NOTICE CONCERNING PRESCHOOL PROGRAMS
FOR STUDENTS WITH DISABILITIES. Each school district shall
develop a system to notify the population in the district with
children who are at least three years of age but younger than six
years of age and who are eligible for enrollment in a special
education program of the availability of the program.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.010. COMPLIANCE. (a) The agency shall adopt and
implement a comprehensive system for monitoring school district
compliance with federal and state laws relating to special
education. The monitoring system must provide for ongoing analysis
of district special education data and of complaints filed with the
agency concerning special education services and for inspections of
school districts at district facilities. The agency shall use the
information obtained through analysis of district data and from the
complaints management system to determine the appropriate schedule
for and extent of the inspection.
(b) To complete the inspection, the agency must obtain
information from parents and teachers of students in special
education programs in the district.
(c) The agency shall develop and implement a system of
sanctions for school districts whose most recent monitoring visit
shows a failure to comply with major requirements of the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.), federal regulations, state statutes, or agency
requirements necessary to carry out federal law or regulations or
state law relating to special education.
(d) For districts that remain in noncompliance for more than
one year, the first stage of sanctions shall begin with annual or
more frequent monitoring visits. Subsequent sanctions may range in
severity up to the withholding of funds. If funds are withheld, the
agency may use the funds to provide, through alternative
arrangements, services to students and staff members in the
district from which the funds are withheld.
(e) The agency's complaint management division shall
develop a system for expedited investigation and resolution of
complaints concerning a district's failure to provide special
education or related services to a student eligible to participate
in the district's special education program.
(f) This section does not create an obligation for or impose
a requirement on a school district or open-enrollment charter
school that is not also created or imposed under another state law
or a federal law.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1417, § 1, eff. June 19,
1999.
§ 29.011. TRANSITION PLANNING. The commissioner shall
by rule adopt procedures for compliance with federal requirements
relating to transition services for students who are enrolled in
special education programs under this subchapter. The procedures
must specify the manner in which a student's admission, review, and
dismissal committee must consider, and if appropriate, address the
following issues in the student's individualized education
program:
(1) appropriate student involvement in the student's
transition to life outside the public school system;
(2) if the student is younger than 18 years of age,
appropriate parental involvement in the student's transition;
(3) if the student is at least 18 years of age,
appropriate parental involvement in the student's transition, if
the parent is invited to participate by the student or the school
district in which the student is enrolled;
(4) any postsecondary education options;
(5) a functional vocational evaluation;
(6) employment goals and objectives;
(7) if the student is at least 18 years of age, the
availability of age-appropriate instructional environments;
(8) independent living goals and objectives; and
(9) appropriate circumstances for referring a student
or the student's parents to a governmental agency for services.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 704, § 1, 2, eff. June 20,
2003.
§ 29.012. RESIDENTIAL FACILITIES. (a) Except as
provided by Subsection (b)(2), not later than the third day after
the date a person 22 years of age or younger is placed in a
residential facility, the residential facility shall:
(1) if the person is three years of age or older,
notify the school district in which the facility is located, unless
the facility is an open-enrollment charter school; or
(2) if the person is younger than three years of age,
notify a local early intervention program in the area in which the
facility is located.
(b) An agency or political subdivision that funds,
licenses, certifies, contracts with, or regulates a residential
facility must:
(1) require the facility to comply with Subsection (a)
as a condition of the funding, licensing, certification, or
contracting; or
(2) if the agency or political subdivision places a
person in a residential facility, provide the notice under
Subsection (a) for that person.
(c) For purposes of enrollment in a school, a person who
resides in a residential facility is considered a resident of the
school district or geographical area served by the open-enrollment
charter school in which the facility is located.
(d) The Texas Education Agency, the Texas Department of
Mental Health and Mental Retardation, the Texas Department of Human
Services, the Texas Department of Health, the Department of
Protective and Regulatory Services, the Interagency Council on
Early Childhood Intervention, the Texas Commission on Alcohol and
Drug Abuse, the Texas Juvenile Probation Commission, and the Texas
Youth Commission by a cooperative effort shall develop and by rule
adopt a memorandum of understanding. The memorandum must:
(1) establish the respective responsibilities of
school districts and of residential facilities for the provision of
a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and its subsequent amendments, including each requirement
for children with disabilities who reside in those facilities;
(2) coordinate regulatory and planning functions of
the parties to the memorandum;
(3) establish criteria for determining when a public
school will provide educational services;
(4) provide for appropriate educational space when
education services will be provided at the residential facility;
(5) establish measures designed to ensure the safety
of students and teachers; and
(6) provide for binding arbitration consistent with
Chapter 2009, Government Code, and Section 154.027, Civil Practice
and Remedies Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.13, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 767, § 5, eff. June 13, 2001.
§ 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT
SERVICES FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The agency
shall establish procedures and criteria for the allocation of funds
appropriated under this section to school districts for the
provision of noneducational community-based support services to
certain students with disabilities and their families so that those
students may receive an appropriate free public education in the
least restrictive environment.
(b) The funds may be used only for eligible students with
disabilities who would remain or would have to be placed in
residential facilities primarily for educational reasons without
the provision of noneducational community-based support services.
(c) The support services may include in-home family
support, respite care, and case management for families with a
student who otherwise would have been placed by a district in a
private residential facility.
(d) The provision of services under this section does not
supersede or limit the responsibility of other agencies to provide
or pay for costs of noneducational community-based support services
to enable any student with disabilities to receive a free
appropriate public education in the least restrictive environment.
Specifically, services provided under this section may not be used
for a student with disabilities who is currently placed or who needs
to be placed in a residential facility primarily for noneducational
reasons.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.014. SCHOOL DISTRICTS THAT PROVIDE EDUCATION SOLELY
TO STUDENTS CONFINED TO OR EDUCATED IN HOSPITALS. (a) This
section applies only to a school district that provides education
and related services only to students who are confined in or receive
educational services in a hospital.
(b) A school district to which this section applies may
operate an extended year program for a period not to exceed 45 days.
The district's average daily attendance shall be computed for the
regular school year plus the extended year.
(c) Notwithstanding any other provision of this code, a
student whose appropriate education program is a regular education
program may receive services and be counted for attendance purposes
for the number of hours per week appropriate for the student's
condition if the student:
(1) is temporarily classified as eligible for
participation in a special education program because of the
student's confinement in a hospital; and
(2) the student's education is provided by a district
to which this section applies.
(d) The basic allotment for a student enrolled in a district
to which this section applies is adjusted by:
(1) the cost of education adjustment under Section
42.102 for the school district in which the district is
geographically located; and
(2) the weight for a homebound student under Section
42.151(a).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.015. FOSTER PARENTS. (a) The school district
shall give preferential consideration to a foster parent of a child
with a disability when assigning a surrogate parent for the child.
(b) A foster parent may act as a parent of a child with a
disability, as authorized under 20 U.S.C. Section 1415(b) and its
subsequent amendments, if:
(1) the Department of Protective and Regulatory
Services is appointed as the temporary or permanent managing
conservator of the child;
(2) the child has been placed with the foster parent
for at least 60 days;
(3) the foster parent agrees to:
(A) participate in making educational decisions
on the child's behalf; and
(B) complete a training program for surrogate
parents that complies with minimum standards established by agency
rule; and
(4) the foster parent has no interest that conflicts
with the child's interests.
(c) A foster parent who is denied the right to act as a
surrogate parent or a parent under this section by a school district
may file a complaint with the agency in accordance with federal law
and regulations.
Added by Acts 1999, 76th Leg., ch. 430, § 2, eff. Sept. 1, 1999.
§ 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL
EDUCATION DUE PROCESS HEARING. A special education hearing
officer in an impartial due process hearing brought under 20 U.S.C.
Section 1415 may issue an order or decision that authorizes one or
more evaluations of a student who is eligible for, or who is
suspected as being eligible for, special education services. Such
an order or decision authorizes the evaluation of the student
without parental consent as if it were a court order for purposes of
any state or federal law providing for consent by order of a court.
Added by Acts 2001, 77th Leg., ch. 767, § 8, eff. June 13, 2001.
§ 29.0161. CONTRACT WITH STATE OFFICE OF ADMINISTRATIVE
HEARINGS FOR SPECIAL EDUCATION DUE PROCESS HEARINGS. Not later
than December 1, 2003, the agency and the State Office of
Administrative Hearings shall jointly determine whether it would be
cost-effective for the agency to enter an interagency contract with
the office under which the office would conduct all or part of the
agency's special education due process hearings under 20 U.S.C.
Section 1415 and its subsequent amendments.
Added by Acts 2003, 78th Leg., ch. 201, § 18, eff. Sept. 1, 2003.
§ 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF
MAJORITY. (a) A student with a disability who is 18 years of age
or older or whose disabilities of minority have been removed for
general purposes under Chapter 31, Family Code, shall have the same
right to make educational decisions as a student without a
disability, except that the school district shall provide any
notice required by this subchapter or 20 U.S.C. Section 1415 to both
the student and the parents. All other rights accorded to parents
under this subchapter or 20 U.S.C. Section 1415 transfer to the
student.
(b) All rights accorded to parents under this subchapter or
20 U.S.C. Section 1415 transfer to students who are incarcerated in
an adult or juvenile, state or local correctional institution.
(c) In accordance with 34 C.F.R. Section 300.517, the school
district shall notify the student and the parents of the transfer of
rights under this section.
(d) The commissioner shall adopt rules implementing the
provisions of 34 C.F.R. Section 300.517(b).
Added by Acts 2001, 77th Leg., ch. 767, § 8, eff. June 13, 2001.
SUBCHAPTER B. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS
§ 29.051. STATE POLICY. English is the basic language
of this state. Public schools are responsible for providing a full
opportunity for all students to become competent in speaking,
reading, writing, and comprehending the English language. Large
numbers of students in the state come from environments in which the
primary language is other than English. Experience has shown that
public school classes in which instruction is given only in English
are often inadequate for the education of those students. The
mastery of basic English language skills is a prerequisite for
effective participation in the state's educational program.
Bilingual education and special language programs can meet the
needs of those students and facilitate their integration into the
regular school curriculum. Therefore, in accordance with the
policy of the state to ensure equal educational opportunity to
every student, and in recognition of the educational needs of
students of limited English proficiency, this subchapter provides
for the establishment of bilingual education and special language
programs in the public schools and provides supplemental financial
assistance to help school districts meet the extra costs of the
programs.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.052. DEFINITIONS. In this subchapter:
(1) "Student of limited English proficiency" means a
student whose primary language is other than English and whose
English language skills are such that the student has difficulty
performing ordinary classwork in English.
(2) "Parent" includes a legal guardian of a student.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.053. ESTABLISHMENT OF BILINGUAL EDUCATION AND
SPECIAL LANGUAGE PROGRAMS. (a) The agency shall establish a
procedure for identifying school districts that are required to
offer bilingual education and special language programs in
accordance with this subchapter.
(b) Within the first four weeks following the first day of
school, the language proficiency assessment committee established
under Section 29.063 shall determine and report to the board of
trustees of the district the number of students of limited English
proficiency on each campus and shall classify each student
according to the language in which the student possesses primary
proficiency. The board shall report that information to the agency
before November 1 each year.
(c) Each district with an enrollment of 20 or more students
of limited English proficiency in any language classification in
the same grade level shall offer a bilingual education or special
language program.
(d) Each district that is required to offer bilingual
education and special language programs under this section shall
offer the following for students of limited English proficiency:
(1) bilingual education in kindergarten through the
elementary grades;
(2) bilingual education, instruction in English as a
second language, or other transitional language instruction
approved by the agency in post-elementary grades through grade 8;
and
(3) instruction in English as a second language in
grades 9 through 12.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.054. EXCEPTION. (a) If a program other than
bilingual education must be used in kindergarten through the
elementary grades, documentation for the exception must be filed
with and approved by the agency.
(b) An application for an exception may be filed with the
agency when a district is unable to hire a sufficient number of
teachers with teaching certificates appropriate for bilingual
education instruction to staff the required program. The
application must be accompanied by:
(1) documentation showing that the district has taken
all reasonable affirmative steps to secure teachers with teaching
certificates appropriate for bilingual education instruction and
has failed;
(2) documentation showing that the district has
affirmative hiring policies and procedures consistent with the need
to serve limited English proficiency students;
(3) documentation showing that, on the basis of
district records, no teacher having a teaching certificate
appropriate for bilingual instruction or emergency credentials has
been unjustifiably denied employment by the district within the
past 12 months; and
(4) a plan detailing specific measures to be used by
the district to eliminate the conditions that created the need for
an exception.
(c) An exception shall be granted under this section on an
individual district basis and is valid for only one year.
Application for an exception for a second or succeeding year must be
accompanied by the documentation prescribed by Subsection (b).
(d) During the period for which a district is granted an
exception under this section, the district must use alternative
methods approved by the agency to meet the needs of its students of
limited English proficiency, including hiring teaching personnel
under a bilingual emergency permit.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.055. PROGRAM CONTENT; METHOD OF
INSTRUCTION. (a) A bilingual education program established by a
school district shall be a full-time program of dual-language
instruction that provides for learning basic skills in the primary
language of the students enrolled in the program and for carefully
structured and sequenced mastery of English language skills. A
program of instruction in English as a second language established
by a school district shall be a program of intensive instruction in
English from teachers trained in recognizing and dealing with
language differences.
(b) A program of bilingual education or of instruction in
English as a second language shall be designed to consider the
students' learning experiences and shall incorporate the cultural
aspects of the students' backgrounds.
(c) In subjects such as art, music, and physical education,
students of limited English proficiency shall participate fully
with English-speaking students in regular classes provided in the
subjects.
(d) Elective courses included in the curriculum may be
taught in a language other than English.
(e) Each school district shall provide students enrolled in
the program a meaningful opportunity to participate fully with
other students in all extracurricular activities.
(f) If money is appropriated for the purpose, the agency
shall establish a limited number of pilot programs for the purpose
of examining alternative methods of instruction in bilingual
education and special language programs.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.056. ENROLLMENT OF STUDENTS IN PROGRAM. (a) The
agency shall establish standardized criteria for the
identification, assessment, and classification of students of
limited English proficiency eligible for entry into the program or
exit from the program. The student's parent must approve a
student's entry into the program, exit from the program, or
placement in the program. The school district or parent may appeal
the decision under Section 29.064. The criteria for
identification, assessment, and classification may include:
(1) results of a home language survey conducted within
four weeks of each student's enrollment to determine the language
normally used in the home and the language normally used by the
student, conducted in English and the home language, signed by the
student's parents if the student is in kindergarten through grade 8
or by the student if the student is in grades 9 through 12, and kept
in the student's permanent folder by the language proficiency
assessment committee;
(2) the results of an agency-approved English language
proficiency test administered to all students identified through
the home survey as normally speaking a language other than English
to determine the level of English language proficiency, with
students in kindergarten or grade 1 being administered an oral
English proficiency test and students in grades 2 through 12 being
administered an oral and written English proficiency test; and
(3) the results of an agency-approved proficiency test
in the primary language administered to all students identified
under Subdivision (2) as being of limited English proficiency to
determine the level of primary language proficiency, with students
in kindergarten or grade 1 being administered an oral primary
language proficiency test and students in grades 2 through 12 being
administered an oral and written primary language proficiency test.
(b) Tests under Subsection (a) shall be administered by
professionals or paraprofessionals with the appropriate English
and primary language skills and the training required by the test
publisher.
(c) The language proficiency assessment committee may
classify a student as limited English proficiency if:
(1) the student's ability in English is so limited or
the student's disabilities are so severe that assessment procedures
cannot be administered;
(2) the student's score or relative degree of
achievement on the agency-approved English proficiency test is
below the levels established by the agency as indicative of
reasonable proficiency;
(3) the student's primary language proficiency score
as measured by an agency-approved test is greater than the
student's proficiency in English; or
(4) the language proficiency assessment committee
determines, based on other information, including a teacher
evaluation, parental viewpoint, or student interview, that the
student's primary language proficiency is greater than the
student's proficiency in English or that the student is not
reasonably proficient in English.
(d) Not later than the 10th day after the date of the
student's classification as a student of limited English
proficiency, the language proficiency assessment committee shall
give written notice of the classification to the student's parent.
The notice must be in English and the parent's primary language.
The parents of students eligible to participate in the required
bilingual education program shall be informed of the benefits of
the bilingual education or special language program and that it is
an integral part of the school program.
(e) The language proficiency assessment committee may
retain, for documentation purposes, all records obtained under this
section.
(f) The district may not refuse to provide instruction in a
language other than English to a student solely because the student
has a disability.
(g) A district may transfer a student of limited English
proficiency out of a bilingual education or special language
program if the student is able to participate equally in a regular
all-English instructional program as determined by:
(1) tests administered at the end of each school year
to determine the extent to which the student has developed oral and
written language proficiency and specific language skills in both
the student's primary language and English;
(2) an achievement score at or above the 40th
percentile in the reading and language arts sections of an English
standardized test approved by the agency; and
(3) other indications of a student's overall progress,
including criterion-referenced test scores, subjective teacher
evaluation, and parental evaluation.
(h) If later evidence suggests that a student who has been
transferred out of a bilingual education or special language
program has inadequate English proficiency and achievement, the
language proficiency assessment committee may reenroll the student
in the program. Classification of students for reenrollment must
be based on the criteria required by this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.057. FACILITIES; CLASSES. (a) Bilingual
education and special language programs must be located in the
regular public schools of the district rather than in separate
facilities.
(b) Students enrolled in bilingual education or a special
language program shall be placed in classes with other students of
approximately the same age and level of educational attainment.
The school district shall ensure that the instruction given each
student is appropriate to the student's level of educational
attainment, and the district shall keep adequate records of the
educational level and progress of each student enrolled in the
program.
(c) The maximum student-teacher ratio shall be set by the
agency and shall reflect the special educational needs of students
enrolled in the programs.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.058. ENROLLMENT OF STUDENTS WHO DO NOT HAVE LIMITED
ENGLISH PROFICIENCY. With the approval of the school district and
a student's parents, a student who does not have limited English
proficiency may also participate in a bilingual education program.
The number of participating students who do not have limited
English proficiency may not exceed 40 percent of the number of
students enrolled in the program.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.059. COOPERATION AMONG DISTRICTS. (a) A school
district may join with one or more other districts to provide the
bilingual education and special language programs required by this
subchapter. The availability of the programs shall be publicized
throughout the districts involved.
(b) A school district may allow a nonresident student of
limited English proficiency to enroll in or attend its bilingual
education or special language programs if the student's district of
residence does not provide an appropriate program. The tuition for
the student shall be paid by the district in which the student
resides.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.060. PRESCHOOL, SUMMER SCHOOL, AND EXTENDED TIME
PROGRAMS. (a) Each school district that is required to offer a
bilingual education or special language program shall offer a
voluntary program for children of limited English proficiency who
will be eligible for admission to kindergarten or the first grade at
the beginning of the next school year. A school that operates on a
system permitted by this code other than a semester system shall
offer 120 hours of instruction on a schedule the board of trustees
of the district establishes. A school that operates on a semester
system shall offer the program:
(1) during the period school is recessed for the
summer; and
(2) for one-half day for eight weeks or on a similar
schedule approved by the board of trustees.
(b) Enrollment of a child in the program is optional with
the parent of the child.
(c) The program must be an intensive bilingual education or
special language program that meets standards established by the
agency. The student/teacher ratio for the program may not exceed
18/1.
(d) A school district may establish on a full- or part-time
basis other summer school, extended day, or extended week bilingual
education or special language programs for students of limited
English proficiency and may join with other districts in
establishing the programs.
(e) The programs required or authorized by this section may
not be a substitute for programs required to be provided during the
regular school year.
(f) The legislature may appropriate money from the
foundation school fund for support of a program under Subsection
(a).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.061. BILINGUAL EDUCATION AND SPECIAL LANGUAGE
PROGRAM TEACHERS. (a) The State Board for Educator Certification
shall provide for the issuance of teaching certificates appropriate
for bilingual education instruction to teachers who possess a
speaking, reading, and writing ability in a language other than
English in which bilingual education programs are offered and who
meet the general requirements of Chapter 21. The board shall also
provide for the issuance of teaching certificates appropriate for
teaching English as a second language. The board may issue
emergency endorsements in bilingual education and in teaching
English as a second language.
(b) A teacher assigned to a bilingual education program must
be appropriately certified for bilingual education by the board.
(c) A teacher assigned to an English as a second language or
other special language program must be appropriately certified for
English as a second language by the board.
(d) A school district may compensate a bilingual education
or special language teacher for participating in a continuing
education program that is in addition to the teacher's regular
contract. The continuing education program must be designed to
provide advanced bilingual education or special language program
endorsement or skills.
(e) The State Board for Educator Certification and the Texas
Higher Education Coordinating Board shall develop a comprehensive
plan for meeting the teacher supply needs created by the programs
outlined in this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.062. COMPLIANCE. (a) The legislature recognizes
that compliance with this subchapter is an imperative public
necessity. Therefore, in accordance with the policy of the state,
the agency shall evaluate the effectiveness of programs under this
subchapter based on the academic excellence indicators adopted
under Section 39.051(a), including the results of assessment
instruments. The agency may combine evaluations under this section
with federal accountability measures concerning students of
limited English proficiency.
(b) The areas to be monitored shall include:
(1) program content and design;
(2) program coverage;
(3) identification procedures;
(4) classification procedures;
(5) staffing;
(6) learning materials;
(7) testing materials;
(8) reclassification of students for either entry into
regular classes conducted exclusively in English or reentry into a
bilingual education or special education program; and
(9) activities of the language proficiency assessment
committees.
(c) Not later than the 30th day after the date of an on-site
monitoring inspection, the agency shall report its findings to the
school district or open-enrollment charter school and to the
division of accreditation.
(d) The agency shall notify a school district or
open-enrollment charter school found in noncompliance in writing,
not later than the 30th day after the date of the on-site
monitoring. The district or open-enrollment charter school shall
take immediate corrective action.
(e) If a school district or open-enrollment charter school
fails to satisfy appropriate standards adopted by the commissioner
for purposes of Subsection (a), the agency shall apply sanctions,
which may include the removal of accreditation, loss of foundation
school funds, or both.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 19, eff. Sept. 1,
2003.
§ 29.063. LANGUAGE PROFICIENCY ASSESSMENT
COMMITTEES. (a) Each school district that is required to offer
bilingual education and special language programs shall establish a
language proficiency assessment committee.
(b) Each committee shall include a professional bilingual
educator, a professional transitional language educator, a parent
of a limited English proficiency student, and a campus
administrator.
(c) The language proficiency assessment committee shall:
(1) review all pertinent information on limited
English proficiency students, including the home language survey,
the language proficiency tests in English and the primary language,
each student's achievement in content areas, and each student's
emotional and social attainment;
(2) make recommendations concerning the most
appropriate placement for the educational advancement of the
limited English proficiency student after the elementary grades;
(3) review each limited English proficiency student's
progress at the end of the school year in order to determine future
appropriate placement;
(4) monitor the progress of students formerly
classified as limited English proficiency who have transferred out
of the bilingual education or special language program and, based
on the information, designate the most appropriate placement for
such students; and
(5) determine the appropriateness of a program that
extends beyond the regular school year based on the needs of each
limited English proficiency student.
(d) The agency may prescribe additional duties for language
proficiency assessment committees.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.064. APPEALS. A parent of a student enrolled in a
school district offering bilingual education or special language
programs may appeal to the commissioner if the district fails to
comply with the requirements established by law or by the agency as
authorized by this subchapter. If the parent disagrees with the
placement of the student in the program, the parent may appeal that
decision to the board of trustees. Appeals shall be conducted in
accordance with procedures adopted by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. COMPENSATORY EDUCATION PROGRAMS
§ 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED
INSTRUCTION. (a) Each school district shall use the student
performance data resulting from the basic skills assessment
instruments and achievement tests administered under Subchapter B,
Chapter 39, 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.
(b) Each district shall provide accelerated instruction to
a student enrolled in the district who has taken the secondary
exit-level assessment instrument and has not performed
satisfactorily on each section or who is at risk of dropping out of
school.
(c) Each school district shall evaluate and document the
effectiveness of the accelerated instruction in reducing any
disparity in performance on assessment instruments administered
under Subchapter B, Chapter 39, or disparity in the rates of high
school completion between students at risk of dropping out of
school and all other district students.
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who is under 21 years
of age and who:
(1) was not advanced from one grade level to the next
for one or more school years;
(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) did not perform satisfactorily on an assessment
instrument administered to the student under Subchapter B, Chapter
39, 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;
(4) 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;
(5) is pregnant or is a parent;
(6) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(7) has been expelled in accordance with Section
37.007 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. Section
11302, and its subsequent amendments; 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.
(e) A school 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 this title and rules adopted under
this title except as otherwise provided by this subsection.
(f) The commissioner shall include students in attendance
in a program under Subsection (e) in the computation of the
district's average daily attendance for funding purposes.
(g) In addition to students described by Subsection (d), a
student who satisfies local eligibility criteria adopted by the
board of trustees of a school district may receive instructional
services under this section. The number of students receiving
services under this subsection during a school year may not exceed
10 percent of the number of students described by Subsection (d) who
received services from the district during the preceding school
year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1588, § 1, eff. Aug. 30,
1999; Acts 2001, 77th Leg., ch. 725, § 1, 2, eff. June 13, 2001.
§ 29.082. OPTIONAL EXTENDED YEAR PROGRAM. (a) A
school district may set aside an amount from the district's
allotment under Section 42.152 or may apply to the agency for
funding of an extended year program for a period not to exceed 30
instructional days for students in:
(1) kindergarten through grade 11 who are identified
as likely not to be promoted to the next grade level for the
succeeding school year; or
(2) grade 12 who are identified as likely not to
graduate from high school before the beginning of the succeeding
school year.
(b) The commissioner may adopt rules for the administration
of programs provided under this section.
(c) A school district may not enroll more than 16 students
in a class provided under this section.
(d) Each class provided under this section shall be taught
by a teacher who has completed successfully a program that provides
training to teach a class under this section and that satisfies
standards the commissioner establishes.
(e) A student who attends at least 90 percent of the program
days of a program under this section and who satisfies the
requirements for promotion prescribed by Section 28.021 shall be
promoted to the next grade level at the beginning of the next school
year unless a parent of the student presents a written request to
the school principal that the student not be promoted to the next
grade level. As soon as practicable after receiving the request
from a parent, the principal shall hold a formal meeting with the
student's parent, extended year program teacher, and counselor.
During the meeting, the principal, teacher, or counselor shall
explain the longitudinal statistics on the academic performance of
students who are not promoted to the next grade level and provide
information on the effect of retention on a student's self-esteem
and on the likelihood of a student dropping out of school. After
the meeting, the parent may withdraw the request that the student
not be promoted to the next grade level. If the parent of a student
eligible for promotion under this subsection withdraws the request,
the student shall be promoted. If a student is promoted under this
subsection, the school district shall continue to use innovative
practices to ensure that the student is successful in school in
succeeding years.
(f) A school district that provides a program under this
section shall adopt a policy designed to lead to immediate
reduction and ultimate elimination of student retention.
(g) A school 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 738, § 1, eff. June 17,
1997; Acts 2003, 78th Leg., ch. 1212, § 8, eff. June 20, 2003.
§ 29.0821. OPTIONAL FLEXIBLE YEAR PROGRAM. (a) A
school district may provide a flexible year program for students
who did not or are likely not to perform successfully on an
assessment instrument administered under Section 39.023 or who
would not otherwise be promoted to the next grade level.
(b) To enable a school district to provide additional
instructional days for a program under this section, with the
approval of the commissioner, a school district may:
(1) provide a number of days of instruction during the
regular school year that is not more than 10 days fewer than the
number required under Section 25.081(a); and
(2) use for instructional purposes not more than five
days that would otherwise be used for staff development or teacher
preparation.
(c) Notwithstanding any reduction in the number of
instructional days in the regular school year or in the number of
staff development days, each educator employed under a 10-month
contract must provide the minimum days of service required under
Section 21.401.
(d) A school district may require educational support
personnel to provide service as necessary for an optional flexible
year program.
(e) The commissioner may adopt rules for the administration
of programs provided under this section.
Added by Acts 2003, 78th Leg., ch. 824, § 1, eff. June 20, 2003.
§ 29.083. STUDENT RETENTION INFORMATION. The agency
shall collect data from school districts through the Public
Education Information Management System (PEIMS) relating to grade
level retention of students.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.084. TUTORIAL SERVICES. (a) Each school district
may provide tutorial services at the district's schools.
(b) A district that provides tutorial services shall
require a student whose grade in a subject for a grade reporting
period is lower than the equivalent of 70 on a scale of 100 to attend
tutorials.
(c) A district may provide transportation for a student who
is required to attend tutorial services and who is eligible for
regular transportation services.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.085. LIFE SKILLS PROGRAM FOR STUDENT
PARENTS. (a) A school district may provide an integrated program
of educational and support services for students who are pregnant
or who are parents.
(b) The program shall include:
(1) individual counseling, peer counseling, and
self-help programs;
(2) career counseling and job readiness training;
(3) day care for the students' children on the campus
or at a day-care facility in close proximity to the campus;
(4) transportation for children of students to and
from the campus or day-care facility;
(5) transportation for students, as appropriate, to
and from the campus or day-care facility;
(6) instruction related to knowledge and skills in
child development, parenting, and home and family living; and
(7) assistance to students in the program in obtaining
available services from government agencies or community service
organizations, including prenatal and postnatal health and
nutrition programs.
(c) The district shall solicit recommendations for
obtaining community support for the students and their children
from organizations for parents of students in the district and from
other community organizations.
(d) School districts may operate shared services
arrangement programs under this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.086. BASIC SKILLS PROGRAMS FOR HIGH SCHOOL
STUDENTS. (a) A school district may apply to the commissioner for
funding of special programs for students in grade nine 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. A school
district may, with the consent of a student's parent or guardian,
assign a student to a program under this section. A program under
this section may not exceed 210 instructional days.
(b) A program under this section must emphasize basic skills
in areas of the required curriculum under Section 28.002 and must
offer students the opportunity to increase credits required for
high school graduation under state or school district policy. A
program under this section may be provided by a school district or
an entity contracting with a school district to provide the
program.
(c) The commissioner shall award funds to districts in
accordance with a competitive grant process developed by the
commissioner. A grant may be made to a consortium of school
districts. The criteria by which the commissioner awards a grant
must include the quality of the proposed program and the school
district's demonstrated need for the program. An approved program
must include criteria that permit measurement of student progress,
and the district shall:
(1) annually evaluate the progress of students in the
program; and
(2) submit the results of the evaluation to the
commissioner at the end of the school year.
(d) The commissioner shall establish minimum levels of
student enrollment and standards of student progress required for
continued funding of a program under this section. The
commissioner may eliminate funding for a program in a subsequent
school year if the program fails to achieve sufficient levels of
student progress.
(e) The amount of a grant under this section must take into
account funds distributed to the school district under Chapter 42.
(f) The commissioner may adopt rules for the administration
of programs under this section.
Added by Acts 1999, 76th Leg., ch. 396, § 2.02, eff. Sept. 1,
1999.
§ 29.087. HIGH SCHOOL EQUIVALENCY PROGRAMS. (a) The
agency shall develop a process by which a school district or
open-enrollment charter school may apply to the commissioner for
authority to operate a program to prepare eligible students to take
a high school equivalency examination.
(b) Any school district or open-enrollment charter school
may apply for authorization to operate a program under this
section. As part of the application process, the commissioner shall
require a district or school to provide information regarding the
operation of any similar program during the preceding five years.
(b-1) A school district or open-enrollment charter school
authorized by the commissioner on or before August 31, 2003, to
operate a program under this section may continue to operate that
program in accordance with this section.
(c) A school district or open-enrollment charter school may
not increase enrollment of students in a program authorized by this
section by more than five percent of the number of students enrolled
in the similar program operated by the district or school during the
2000-2001 school year.
(d) A student is eligible to participate in a program
authorized by this section if:
(1) the student has been ordered by a court under
Article 45.054, Code of Criminal Procedure, as added by Chapter
1514, Acts of the 77th Legislature, Regular Session, 2001, or by the
Texas Youth Commission to:
(A) participate in a preparatory class for the
high school equivalency examination; or
(B) take the high school equivalency examination
administered under Section 7.111; or
(2) the following conditions are satisfied:
(A) the student is at least 16 years of age at the
beginning of the school year or semester;
(B) the student is a student at risk of dropping
out of school, as defined by Section 29.081;
(C) the student and the student's parent or
guardian agree in writing to the student's participation;
(D) at least two school years have elapsed since
the student first enrolled in ninth grade and the student has
accumulated less than one third of the credits required to graduate
under the minimum graduation requirements of the district or
school; and
(E) any other conditions specified by the
commissioner.
(e) A school district or open-enrollment charter school
shall inform each student who has completed a program authorized by
this section of the time and place at which the student may take the
high school equivalency examination. Notwithstanding any
provision of this section, a student may not take the high school
equivalency examination except as authorized by Section 7.111.
Text of Subsec. (f) as amended by Acts 2003, 78th Leg.,
Ch. 373, § 1
(f) A student participating in a program authorized by this
section must have taken the assessment instruments specified by
Section 39.023(a) for grade 9 before entering the program and must
take each grade level assessment instrument administered during the
period in which the student is enrolled in the program. A student
participating in the program may not take the high school
equivalency examination unless the student has taken the assessment
instruments required by this subsection.
Text of Subsec. (f) as amended by Acts 2003, 78th Leg.,
Ch. 283, § 41
(f) A student participating in a program authorized by this
section, other than a student ordered to participate under
Subsection (d)(1), must have taken the assessment instruments
specified by Section 39.023(a) for grade 9 before entering the
program and must take each grade level assessment instrument
administered during the period in which the student is enrolled in
the program. Except for a student ordered to participate under
Subsection (d)(1), a student participating in the program may not
take the high school equivalency examination unless the student has
taken the assessment instruments required by this subsection.
(g) A student enrolled in a program authorized by this
section may not participate in a competition or other activity
sanctioned or conducted by the University Interscholastic League.
(h) A student who has received a high school equivalency
certificate is entitled to enroll in a public school as authorized
by Section 25.001 and is entitled to the benefits of the Foundation
School Program under Section 42.003 in the same manner as any other
student who has not received a high school diploma.
(i) The agency shall request permission from the General
Educational Development Testing Service to administer the
service's high school equivalency examination to students enrolled
in high school who participate in a program authorized by this
section. From funds appropriated to the agency that may be used for
the purpose, the agency may pay a fee imposed by the service for
granting permission to the agency necessary to allow operation of
programs authorized by this section.
(j) For purposes of funding under Chapters 41, 42, and 46, a
student attending a program authorized by this section may be
counted in attendance only for the actual number of hours each
school day the student attends the program, in accordance with
Sections 25.081 and 25.082.
(k) The board of trustees of a school district or the
governing board of an open-enrollment charter school shall:
(1) hold a public hearing concerning the proposed
application of the district or school before applying to operate a
program authorized by this section; and
(2) subsequently hold a public hearing annually to
review the performance of the program.
(l) The commissioner may revoke a school district's or
open-enrollment charter school's authorization under this section
after consideration of relevant factors, including performance of
students participating in the district's or school's program on
assessment instruments required under Chapter 39, the percentage of
students participating in the district's or school's program who
complete the program and perform successfully on the high school
equivalency examination, and other criteria adopted by the
commissioner. A decision by the commissioner under this subsection
is final and may not be appealed.
(m) Not later than December 1, 2002, the commissioner shall
report to the legislature regarding the implementation of this
section and make appropriate recommendations regarding the
continuation of the commissioner's authority to approve programs
under this section. The report must include:
(1) the number of students enrolled in programs
authorized by this section, disaggregated by ethnicity, age,
gender, and socioeconomic status;
(2) the number of students enrolled in programs
authorized by this section who performed satisfactorily on the high
school equivalency examination, disaggregated by ethnicity, age,
gender, and socioeconomic status; and
(3) to the extent practicable, information regarding
the attendance of students enrolled in programs authorized by this
section at institutions of higher education or trade schools or at
other postsecondary educational programs.
(n) The commissioner may adopt rules to implement this
section.
(o) Repealed by Acts 2003, 78th Leg., ch. 373, § 2, eff.
June 18, 2003.
Added by Acts 2001, 77th Leg., ch. 1514, § 7, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 283, § 41, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 373, § 1, 2, eff. June 18, 2003.
§ 29.088. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS
INSTRUCTION PROGRAMS. (a) A school 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 instruction to:
(1) students who are not performing at grade level in
mathematics to assist those students in performing at grade level;
(2) students who are not performing successfully in a
mathematics course to assist those students in successfully
completing the course; or
(3) students other than those described by Subdivision
(1) or (2), as determined by the district.
(b) Before providing a program under this section, the board
of trustees of a school district 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.
(c) The commissioner by rule shall:
(1) prescribe a procedure that a school district must
follow to apply for and receive funding for a program under this
section;
(2) adopt guidelines for determining which districts
receive funding if there is not sufficient funding for each
district that applies;
(3) require each district providing a program to
report student performance results to the commissioner within the
period and in the manner prescribed by the rule; and
(4) based on district reports under Subdivision (3)
and any required analysis and verification of those reports,
disseminate to each district in this state information concerning
instructional methods that have proved successful in improving
student performance in mathematics.
(d) A program provided under this section shall be paid for
with funds appropriated for that purpose.
Added by Acts 2001, 77th Leg., ch. 834, § 8, eff. Sept. 1, 2001.
Renumbered from V.T.C.A., Education Code § 29.087 by Acts 2003,
78th Leg., ch. 1275, § 2(15), eff. Sept. 1, 2003.
§ 29.089. AFTER-SCHOOL AND SUMMER INTENSIVE SCIENCE
INSTRUCTION PROGRAMS.
Text of section as added by Acts 2003, 78th Leg., ch. 430, § 4
(a) A school district may provide an intensive after-school
program or an intensive program during the period that school is
recessed for the summer to provide science instruction to:
(1) students who are not performing at grade level in
science to assist those students in performing at grade level;
(2) students who are not performing successfully in a
science course to assist those students in successfully completing
the course; or
(3) students other than those described by Subdivision
(1) or (2), as determined by the district.
(b) Before providing a program under this section, the board
of trustees of a school district 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.
(c) The commissioner by rule shall:
(1) prescribe a procedure that a school district must
follow to apply for and receive funding for a program under this
section;
(2) adopt guidelines for determining which districts
receive funding if there is not sufficient funding for each
district that applies;
(3) require each district providing a program to
report student performance results to the commissioner within the
period and in the manner prescribed by the rule; and
(4) based on district reports under Subdivision (3)
and any required analysis and verification of those reports,
disseminate to each district in this state information concerning
instructional methods that have proved successful in improving
student performance in science.
(d) A program provided under this section shall be paid for
with funds appropriated for that purpose.
Added by Acts 2003, 78th Leg., ch. 430, § 4, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 783, §
1, see § 29.089, post.
§ 29.089. MENTORING SERVICES PROGRAM.
Text of section as added by Acts 2003, 78th Leg., ch. 783, § 1
(a) Each school district may provide a mentoring services
program to students at risk of dropping out of school, as defined by
Section 29.081.
(b) The commissioner, in consultation with the governor,
lieutenant governor, and speaker of the house of representatives,
by rule shall determine accountability standards under this section
for a school district providing a mentoring services program using
funds allocated under Section 42.152.
(c) The board of trustees of the district shall obtain the
consent of a student's parent or guardian before allowing the
student to participate in the program.
(d) The board of trustees of the district may arrange for
any public or nonprofit community-based organization to come to the
district's schools and implement the program.
Added by Acts 2003, 78th Leg., ch. 783, § 1, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 430, §
4, see § 29.089, ante.
SUBCHAPTER D. EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED STUDENTS
§ 29.121. DEFINITION. In this subchapter, "gifted and
talented student" means a child or youth who performs at or shows
the potential for performing at a remarkably high level of
accomplishment when compared to others of the same age, experience,
or environment and who:
(1) exhibits high performance capability in an
intellectual, creative, or artistic area;
(2) possesses an unusual capacity for leadership; or
(3) excels in a specific academic field.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.122. ESTABLISHMENT. Using criteria established by
the State Board of Education, each school district shall adopt a
process for identifying and serving gifted and talented students in
the district and shall establish a program for those students in
each grade level. A district may establish a shared services
arrangement program with one or more other districts.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.123. STATE PLAN; ASSISTANCE. The State Board of
Education shall develop and periodically update a state plan for
the education of gifted and talented students to guide school
districts in establishing and improving programs for identified
students. The regional education service centers may assist
districts in implementing the state plan. In addition to obtaining
assistance from a regional education service center, a district may
obtain other assistance in implementing the plan. The plan shall be
used for accountability purposes to measure the performance of
districts in providing services to students identified as gifted
and talented.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER E. KINDERGARTEN AND PREKINDERGARTEN PROGRAMS
§ 29.151. FREE KINDERGARTEN. The board of trustees of
each school district shall establish and maintain one or more
kindergartens for the training of children residing in the district
who are at least five years of age on September 1 of the school year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.152. OPERATION OF KINDERGARTENS ON HALF-DAY OR
FULL-DAY BASIS. A public school kindergarten may be operated on a
half-day or a full-day basis at the option of the board of trustees
of the school district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.153. FREE PREKINDERGARTEN FOR CERTAIN
CHILDREN. (a) A district shall offer prekindergarten classes if
the district identifies 15 or more children who are eligible under
Subsection (b) and are at least four years of age. A school
district may offer prekindergarten classes if the district
identifies 15 or more eligible children who are at least three years
of age. A district may not charge tuition for a prekindergarten
class offered under this section.
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and is:
(1) unable to speak and comprehend the English
language;
(2) educationally disadvantaged; or
(3) homeless, as defined by 42 U.S.C. Section 11302,
regardless of the residence of the child, of either parent of the
child, or of the child's guardian or other person having lawful
control of the child.
(c) A prekindergarten class under this section shall be
operated on a half-day basis. A district is not required to provide
transportation for a prekindergarten class, but transportation, if
provided, is included for funding purposes as part of the regular
transportation system.
(d) On application of a district, the commissioner may
exempt a district from the application of this section if the
district would be required to construct classroom facilities in
order to provide prekindergarten classes.
(e) Each school district shall develop a system to notify
the population in the district with children who are eligible for
enrollment in a prekindergarten class under this section of the
availability of the class. The system must include public notices
issued in English and Spanish.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 4.01, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 596, § 1, eff. June 11, 2001.
§ 29.1531. TUITION-SUPPORTED AND DISTRICT-FINANCED
PREKINDERGARTEN. (a) A school district may offer on a tuition
basis or use district funds to provide:
(1) an additional half-day of prekindergarten classes
to children eligible for classes under Section 29.153; and
(2) half-day and full-day prekindergarten classes to
children not eligible for classes under Section 29.153.
(b) A district that offers a prekindergarten program on a
tuition basis:
(1) may not adopt a tuition rate for the program that
is higher than necessary to cover the added costs of providing the
program, including any costs associated with collecting,
reporting, and analyzing data under Section 29.1532(c); and
(2) must submit the proposed tuition rate to the
commissioner for approval.
Added by Acts 2001, 77th Leg., ch. 596, § 1, eff. June 11, 2001.
§ 29.1532. PREKINDERGARTEN PROGRAM
REQUIREMENTS. (a) A school district's prekindergarten program
shall be designed to develop skills necessary for success in the
regular public school curriculum, including language, mathematics,
and social skills.
(b) If a school district contracts with a private entity for
the operation of the district's prekindergarten program, the
program must at a minimum comply with the applicable child-care
licensing standards adopted by the Department of Protective and
Regulatory Services under Section 42.042, Human Resources Code.
(c) A school district that offers prekindergarten classes
shall include the following information in the district's Public
Education Information Management System (PEIMS) report:
(1) demographic information, as determined by the
commissioner, on students enrolled in district prekindergarten
classes, including the number of students who are eligible for
classes under Section 29.153;
(2) the numbers of half-day and full-day
prekindergarten classes offered by the district; and
(3) the sources of funding for the prekindergarten
classes.
Added by Acts 2001, 77th Leg., ch. 596, § 1, eff. June 11, 2001.
§ 29.1533. ESTABLISHMENT OF NEW PREKINDERGARTEN
PROGRAM. Before establishing a new prekindergarten program, a
school district shall consider the possibility of sharing use of an
existing Head Start or other child-care program site as a
prekindergarten site.
Added by Acts 2003, 78th Leg., ch. 790, § 1, eff. Sept. 1, 2003.
§ 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS. The
commissioner of education, in consultation with the commissioner of
human services, shall monitor and evaluate prekindergarten
programs as to their developmental appropriateness. The
commissioners shall also evaluate the potential for coordination on
a statewide basis of prekindergarten programs with
government-funded early childhood care and education programs such
as child care administered under Chapter 44, Human Resources Code,
and federal Head Start programs. That evaluation shall use
recommendations contained in the report to the 71st Legislature
required by Chapter 717, Acts of the 70th Legislature, Regular
Session, 1987. For the purpose of providing cost-effective care
for children during the full workday with developmentally
appropriate curriculum, the commissioners shall investigate the
use of existing child-care program sites as prekindergarten sites.
Following the evaluation required by this section, the
commissioners, in cooperation with school districts and other
program administrators, shall integrate programs, staff, and
program sites for prekindergarten, child-care, and federal Head
Start programs to the greatest extent possible.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.155. KINDERGARTEN AND PREKINDERGARTEN
GRANTS. (a) From amounts appropriated for the purposes of this
section, the commissioner may make grants to school districts and
open-enrollment charter schools to implement or expand
kindergarten and prekindergarten programs by:
(1) operating an existing half-day kindergarten or
prekindergarten program on a full-day basis; or
(2) implementing a prekindergarten program at a campus
that does not have a prekindergarten program.
(b) A school district or open-enrollment charter school may
use funds received under this section to employ teachers and other
personnel for a kindergarten or prekindergarten program and acquire
curriculum materials or equipment, including computers, for use in
kindergarten and prekindergarten programs.
(c) To be eligible for a grant under this section, a school
district or open-enrollment charter school must apply to the
commissioner in the manner and within the time prescribed by the
commissioner.
(d) In awarding grants under this section, the commissioner
shall give priority to districts and open-enrollment charter
schools in which the level of performance of students on the
assessment instruments administered under Section 39.023 to
students in grade three is substantially below the average level of
performance on those assessment instruments for all school
districts in the state.
(e) The commissioner may adopt rules to administer this
section.
(f) Notwithstanding Section 7.056(e)(3)(I), the
commissioner may waive a requirement prescribed by this subchapter
to the extent necessary to implement a grant awarded under this
section or Section 29.156.
(g) From amounts appropriated for the purposes of this
subsection, the commissioner may also provide for:
(1) coordinating early childhood care and education
programs;
(2) developing and disseminating for programs
described by Subdivision (1) prekindergarten instructional
materials and school-readiness information for parents; and
(3) developing standards for model early childhood
care and education coordination.
(h) The model program standards developed under Subsection
(g) must focus on pre-literacy skills, including language
acquisition, vocabulary development, and phonological awareness.
(i) In carrying out the purposes of Subsection (g), a school
district or open-enrollment charter school may use funds granted to
the district or school under this subsection in contracting with
another entity, including a private entity.
(j) If a school district or open-enrollment charter school
returns to the commissioner funds granted under this section, the
commissioner may grant those funds to another entity, including a
private entity, for the purposes of Subsection (g).
Added by Acts 1999, 76th Leg., ch. 396, § 2.01, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 790, § 2, eff. Sept.
1, 2003.
§ 29.156. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD
START. (a) From funds appropriated for the purpose, the
commissioner shall make grants for use in providing an educational
component to federal Head Start programs or similar
government-funded early childhood care and education programs.
(b) The commissioner shall adopt rules for implementation
of this section, including rules prescribing eligibility criteria
for receipt of a grant and for expenditure of grant funds.
Added by Acts 1999, 76th Leg., ch. 396, § 2.01, eff. Sept. 1,
1999.
§ 29.1561. ADMINISTRATION OF EARLY CHILDHOOD CARE AND
EDUCATION PROGRAMS. (a) The commissioner may waive a law or rule
relating to early childhood care and education programs:
(1) to the extent that the law or rule is more
restrictive than required by federal law; or
(2) to the extent necessary to comply with federal
law.
(b) Notwithstanding any restriction imposed by this title,
the commissioner may administer grants for early childhood care and
education programs under Section 29.155 or 29.156, including Head
Start and Early Head Start programs, in a manner that provides the
greatest flexibility allowed under federal law.
Added by Acts 2003, 78th Leg., ch. 790, § 3, eff. Sept. 1, 2003.
§ 29.157. READY TO READ GRANTS. (a) From funds
appropriated for the purpose, the commissioner shall make grants as
provided by this section in support of pre-reading instruction.
(b) The commissioner shall establish a competitive grant
program for distribution of at least 95 percent of the available
appropriated funds. Grants shall be used to provide scientific,
research-based pre-reading instruction for the purpose of directly
improving pre-reading skills and for identifying cost-effective
models for pre-reading intervention. The commissioner shall
distribute the grants in amounts not less than $50,000 or more than
$150,000 to eligible applicants to be used for:
(1) professional staff development in pre-reading
instruction;
(2) pre-reading curriculum and materials;
(3) pre-reading skills assessment materials; and
(4) employment of pre-reading instructors.
(c) A public school operating a prekindergarten program, or
an eligible entity as defined by Section 12.101(a) that provides a
preschool instruction program and that meets qualifications
prescribed by the commissioner, is eligible to apply for a grant if
at least 75 percent of the children enrolled in the program are
low-income students, as determined by rule of the commissioner.
(d) As a condition to receiving a grant, an applicant must
commit public or private funds matching the grant in a percentage
set by the commissioner. The commissioner shall determine the
required percentage of matching funds based on the demonstrated
economic capacity of the community served by the program to raise
funds for the purpose of matching the grant, as determined by the
commissioner. Matching funds must equal at least 30 percent, but
not more than 75 percent, of the amount of the grant.
(e) The commissioner shall develop and implement
performance measures for evaluating the effectiveness of grants
under this section. Those measures must correlate to other reading
diagnostic assessments used in public schools in kindergarten
through the second grade.
(f) The commissioner may adopt rules as necessary for the
administration of this section.
Added by Acts 1999, 76th Leg., ch. 402, § 1, eff. Sept. 1, 1999.
Renumbered from § 29.155 by Acts 2001, 77th Leg., ch. 1420, §
21.001(17), eff. Sept. 1, 2001.
§ 29.158. COORDINATION OF SERVICES. (a) In a manner
consistent with federal law and regulations, each prekindergarten
program provider, Head Start and Early Head Start program provider,
and provider of an after-school child-care program provided at a
school shall coordinate with the agency, the Texas Workforce
Commission, and local workforce development boards regarding
subsidized child-care services.
(b) The coordination required by this section must include:
(1) providing to an applicant for a child-care service
information regarding:
(A) child-care resource and referral agencies
serving the applicant's community;
(B) information and referral providers serving
the applicant's community; or
(C) the prekindergarten program, local
child-care and development fund contractor, or Head Start program
administrator serving the applicant's community; and
(2) coordinating to ensure, to the extent practicable,
that full-day, full-year child-care services are available to meet
the needs of low-income parents who are working or participating in
workforce training or workforce education.
(c) The coordination required by this section may also
include:
(1) cooperating with each state agency regarding
child-care or child-development studies conducted by that agency;
(2) collecting data necessary to determine a child's
eligibility for subsidized child-care services or a
prekindergarten, Head Start or Early Head Start, or after-school
child-care program, to the extent that the collection of data does
not violate the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g);
(3) cooperating to provide for staff training and
professional development activities;
(4) identifying and developing methods for the
collaborative provision of subsidized child-care services and
prekindergarten, Head Start or Early Head Start, or after-school
child-care program services, including:
(A) operating a combined system for eligibility
determination or registration processes so that an applicant may
apply for all services available in an applicant's community
through a single point of access;
(B) sharing facilities or staff; and
(C) increasing the enrollment capacity of those
programs;
(5) identifying child-care facilities located in
close proximity to prekindergarten, Head Start or Early Head Start,
or after-school child-care programs;
(6) coordinating transportation between child-care
facilities identified under Subdivision (5) and a prekindergarten,
Head Start or Early Head Start, or after-school child-care program;
and
(7) coordinating with the State Center for Early
Childhood Development to develop longitudinal studies to measure
the effects of quality early childhood care and education programs
on educational achievement, including high school performance and
completion.
(d) In coordinating child-care services under this section
and in making any related decision to contract with another
provider for child-care services, the agency, Texas Workforce
Commission, local workforce development boards, and each
prekindergarten program provider, Head Start and Early Head Start
program provider, and provider of an after-school child-care
program provided at a school shall consider the quality of the
services involved in the proposed coordination or contracting
decision and shall give preference to services of the highest
quality. Any appropriate indicator of quality services may be
considered under this subsection, including whether the provider of
the services:
(1) meets the Texas Rising Star Provider criteria
described by 40 T.A.C. Section 809.15(b);
(2) is accredited by a nationally recognized
accrediting organization approved by the Texas Workforce
Commission and the Department of Protective and Regulatory
Services;
(3) meets standards developed by the State Center for
Early Childhood Development; or
(4) has achieved any other measurable target relevant
to improving the quality of child care in this state.
(e) Any coordination required by this section that involves
a prekindergarten program must be approved by the commissioner.
Added by Acts 2003, 78th Leg., ch. 790, § 4, eff. Sept. 1, 2003.
§ 29.159. PROVISION OF CERTAIN
INFORMATION. (a) Except as otherwise provided by this section,
each provider of government-funded child-care services shall, at
the time that a child is enrolled with the provider, furnish to the
child's parent information regarding:
(1) effective early education settings; and
(2) any indicators that a child is ready for
kindergarten that have been developed at the time the child is
enrolled.
(b) If a provider does not have sufficient resources to
provide the information specified by Subsection (a), the provider
shall:
(1) furnish the parent with the appropriate telephone
numbers or Internet sites through which the parent may obtain the
information; or
(2) refer the parent to a local child-care resource
and referral agency.
Added by Acts 2003, 78th Leg., ch. 790, § 4, eff. Sept. 1, 2003.
§ 29.160. DEMONSTRATION PROJECTS. (a) The State
Center for Early Childhood Development, in conjunction with a
school district, regional education service center, institution of
higher education, local government, local workforce development
board, or community organization, may develop a quality rating
system demonstration project under which prekindergarten program
providers, licensed child-care facilities, or Head Start and Early
Head Start program providers are assessed under a quality rating
system.
(b) In developing the quality rating system demonstration
project, the State Center for Early Childhood Development is
entitled to:
(1) reasonable access to the sites at which the
programs to be rated are operated, which may include sites under the
authority of school districts or the Department of Protective and
Regulatory Services; and
(2) technical assistance and support from the agency,
the Texas Workforce Commission, and the Department of Protective
and Regulatory Services to the extent that those agencies have the
ability to provide assistance and support using existing agency
resources.
(c) A school district, regional education service center,
institution of higher education, local government, local workforce
development board, or community organization may develop one or
more coordination-of-resources demonstration projects under which
government-funded child-care services are operated in a
coordinated manner. An entity that develops a proposed
demonstration project under this subsection must obtain approval of
the project from the state agency or agencies with regulatory
jurisdiction over the subject matter involved in the project.
(d) An entity that obtains approval of a
coordination-of-resources demonstration project is entitled to a
waiver or modification of any existing rule, policy, or procedure
of the agency, the Texas Workforce Commission, or the Department of
Protective and Regulatory Services that impairs the coordinated
provision of government-funded child-care services, provided that
the waiver or modification does not adversely affect the health,
safety, or welfare of the children receiving services under the
project. In addition, if applicable, the appropriate state agency
must seek on behalf of the entity any available federal waiver from
a federal rule, policy, or procedure imposed in connection with a
Head Start program that impairs the coordinated provision of
government-funded child-care services. Not later than the 30th day
after the date on which a state agency becomes aware of an
applicable federal waiver under this subsection, the state agency
shall notify the appropriate entity of the date by which the state
agency intends to seek the waiver.
(e) The State Center for Early Childhood Development and any
other entity that implements a demonstration project under this
section must provide a report to the legislature and to the state
agency or agencies with regulatory jurisdiction over the subject
matter involved in the project. The report must include:
(1) an evaluation of the effectiveness of the project;
and
(2) recommendations on statewide implementation of
the project.
(f) The report required by Subsection (e) must be provided
at the time specified jointly by the state agency or agencies with
regulatory jurisdiction over the subject matter involved in the
demonstration project.
Added by Acts 2003, 78th Leg., ch. 790, § 4, eff. Sept. 1, 2003.
SUBCHAPTER F. CAREER AND TECHNOLOGY EDUCATION PROGRAM
§ 29.181. PUBLIC EDUCATION CAREER AND TECHNOLOGY
EDUCATION GOALS. Each public school student shall master the basic
skills and knowledge necessary for:
(1) managing the dual roles of family member and wage
earner; and
(2) gaining entry-level employment in a high-skill,
high-wage job or continuing the student's education at the
postsecondary level.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.182. STATE PLAN FOR CAREER AND TECHNOLOGY
EDUCATION. (a) The agency shall prepare and biennially update a
state plan for career and technology education that sets forth
objectives for career and technology education for the next
biennium and long-term goals for the following five years.
(b) The state plan must include procedures designed to
ensure that:
(1) all secondary and postsecondary students have the
opportunity to participate in career and technology education
programs;
(2) the state complies with requirements for
supplemental federal career and technology education funding; and
(3) career and technology education is established as
a part of the total education system of this state.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.183. CAREER AND TECHNOLOGY AND OTHER EDUCATIONAL
PROGRAMS. (a) The board of trustees of a school district may
conduct and supervise career and technology classes and other
educational programs for students and for other persons of all ages
and spend local maintenance funds for the cost of those classes and
programs.
(b) In developing a career and technology program, the board
of trustees shall consider the state plan for career and technology
education required under Section 29.182.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.184. CONTRACTS WITH OTHER SCHOOLS FOR CAREER AND
TECHNOLOGY CLASSES. (a) The board of trustees of a school
district may contract with another school district or with a public
or private postsecondary educational institution or trade or
technical school that is regulated by this state, as designated in
the state plan for career and technology education required under
Section 29.182, to provide career and technology classes for
students in the district.
(b) A student who attends career and technology classes at
another school under a contract authorized by Subsection (a) is
included in the average daily attendance of the district in which
the student is regularly enrolled.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.185. CAREER AND TECHNOLOGY PROGRAM RULES. The
agency shall prescribe requirements for career and technology
education in public schools as necessary to comply with federal
law.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 29.186. PILOT PROJECT.
Text of section effective until August 31, 2007
(a) The Ector County Independent School District may
conduct a pilot project for a career-targeted transition program.
(b) The program may develop, implement, and assess a high
school program with an integrated curriculum to provide high school
graduates with the elements necessary to develop a strong work
ethic, academic, technological, and communications skills, the
ability to work as part of a team, and specific career goals and
skills. The program must provide students with the information and
training necessary for competency in curriculum areas and must
assess student competency.
(c) Notwithstanding any other provision of this code, the
program shall:
(1) offer a curriculum consistent with Section
28.002(a);
(2) establish graduation requirements consistent with
rules adopted under Section 28.025 but which reflect integrated
curriculum and course requirements;
(3) administer the assessment instrument required
under Section 39.023(b); and
(4) be exempt from administering assessment
instruments required under Section 39.023(c).
(d) Using state funds appropriated for that purpose, the
agency shall monitor, evaluate, and assess the development
