2286-R-1.00 Statement of Basis and Purpose The statutory authority for the enactment of these Rules, adopted by the State Board of Education on December 12, 2002, is found in 22-86-101 through 106, C.R.S. The Summer School Grant Program for Facility Schools, 22-86-101 through 106, C.R.S. requires the State Board of Education to promulgate rules to implement the grant program, including but not limited to: the administration and awarding of grants designed to assist facility schools in providing intensive educational services in the areas of reading, writing, mathematics and science for children who are performing below grade level in these areas, the time frames for submitting grant program applications, the form of the grant program application and the time frames for the distribution of the grant moneys. 2286-R-2.00 Definitions Unless otherwise indicated by the context, the following definitions shall apply to the administration of the Summer School Grant Program for Facility Schools:

2.01 Summer School Grant Program

A grant program designed to assist facility schools in providing intensive educational services in the areas of reading, writing, mathematics and science for children who are performing below grade level in these areas.

2.02 CSAP

The Colorado Student Assessment Program administered pursuant to section 22-7-409.

2.03 Department

The Colorado Department of Education created in section 24-1-115, C.R.S.

2.04 Eligible Student

Students who have been placed into the approved eligible facility program according to appropriate procedures, making them eligible for inclusion in the October 1 count and the billing of the Per Pupil Operating Revenue.

2.05 Facility School

A school that is operated by an Eligible Facility as defined in 1 CCR 301-8, 2220-R-2.05 – 2.06, such as a residential child care facility, day treatment center or hospital, which has been approved by the State Board and is included in the facility list maintained by the State Board pursuant to section 22-2-107(1)(p) and that receives a portion of the Per Pupil Operating Revenues of one or more school districts to provide educational service for children who are included on the roll of out-of-district placed children.

2.06 Grant Program

The Facility Summer School Grant Program created pursuant to section 22-86-103.

2.07 Qualified Teachers

Education staff must hold current Department of Education licenses with appropriate endorsements and must be trained in the specific curricula and/or instructional program proposed. In addition, the program shall offer adequate special education support for students identified as having a disability.

2.08 State Board

The Colorado State Board of Education created pursuant to section 1 of article IX of the State Constitution.

2286-R-3.00 Implementation Procedures.

3.01 Funding Levels

The Department will accept applications from Facility Schools to fund the operation of summer school programs in the areas of reading, writing, mathematics and science for eligible students. For the 2003 summer school program, Facility Schools with applications that meet required criteria will be funded for actual costs, not to exceed five hundred dollars per eligible student. If the total of the qualified funding requests exceed the funds available, the per student amount shall be prorated accordingly. Funding levels in subsequent years will be adjusted subject to available appropriations by the General Assembly. The amount allocated by the Department for the program may be increased by private gifts, grants or donations that will be credited to the fund.

3.02 Application Procedures and Timelines

In order for applications to be approved by the Department, the applicant must submit, on forms to be provided by the Department, the required documentation, assurances and/or information on or before February 1, 2003 for the first year of implementation, and on or before January first each year thereafter. Application Requirements:

3.02(a) A description of the educational services, including the curricula provided by the Facility School and the educational services the Facility School anticipates providing during the summer school program.

3.02(b) A description of the goals the Facility School's summer school program is expected to achieve and the method by which the Facility School will measure achievement of the goals. 3.02(c) An assurance that the curricula are aligned with Colorado's Academic Content Standards and that the curricula and programs of instruction are research-based. 3.02(d) The education staff who will be providing the summer school instruction and their qualifications. 3.02(e) The number of students receiving educational services from the Facility School and the projected number of eligible students the Facility School will serve during the summer school program. 3.02(f) The grade levels of children receiving educational services from the facility school and their levels of academic performance in the areas of reading, writing, mathematics and science, including their levels of performance on the previously administered CSAP assessments, if available. 3.02(g) A description of the method used by the Facility School to measure children's academic performance, including the method used to determine whether a child is performing at, below, or above grade level and the method used to determine a child's academic growth over time. 3.02(h) A draft budget in compliance with the Department's standard fiscal rules including a budget narrative and an itemization of other sources of funding received by the facility school and used to provide educational services, including the summer school program. 3.02(i) An assurance that the applicant will annually provide the Department such information as may be reasonably required to determine if the grantee is making satisfactory progress toward accomplishing the funded activities, including the submission of an annual progress report. 3.02(j) An assurance that the Facility School will not discriminate against anyone regarding race, gender, national origin, color, disability or age.

3.02(k) An assurance that the Facility School will maintain appropriate fiscal and program records and that fiscal audits of the program will be conducted by the grantee as a part of their regular audits and that if any findings of misuse of these funds are discovered, misused project funds will be returned to the Department.

3.02(l) An assurance that the grantee will maintain sole responsibility for the project even if subcontractors are used to perform certain services.

3.02(m) Signature page.

3.03 Review Procedures

The Department shall review the application received from Facility Schools and shall make recommendations to the State Board concerning the awarding of grants and the amounts of the grants. The State Board shall take into consideration the recommendations of the Department and shall annually award grants to Facility Schools in amounts specified by the State Board. In granting awards, the State Board shall:

3.03(a) Consider the geographic location of the Facility School and to the extent possible, ensure that grant moneys are awarded to Facility Schools throughout the state. 3.03(b) Award grants to Facility Schools that are implementing summer school programs using curricula that are research-based.

3.03(c) Award grants to Facility Schools that demonstrate success in improving the academic performance of children who are performing below grade level in the areas of reading, writing, mathematics, and science.

3.04 Distribution of Funds

3.04(a) Facility Schools will be notified of the State Board grant awards. 3.04(b) After allocations are determined, but prior to the distribution of funds, a final budget and budget narrative will be required including an updated estimate of the number of students who will be participating and the staff who will be providing the services. 3.04(c) Upon approval of a final budget, budget narrative, and staff information, funds will be released to the grantees.

3.05 Allowable Uses of Funds

Funds disbursed as part of the Facility Summer School Grant Program may be used for the actual costs of providing direct instruction during the summer school program. This includes the salary and benefits of qualified teachers and up to one paraprofessional per qualified teacher. It also includes materials and supplies for the summer school program not to exceed 5% of the grant. The grant moneys shall not be used for staff development, purchase of equipment, capital construction or administrative costs.

3.06 Reporting Requirements.

On or before October 1 of the year in which a grant is received, each Facility School that receives a grant pursuant to these rules shall submit a report to the Department. The report shall include: 3.06(a) A final report on the actual expenditure of funds. 3.06(b) A final report on the staff that provided the summer school program and their qualifications. 3.06(c) The number of children who participated in the Facility School's summer school program. 3.06(d) The levels of performance in reading, writing, mathematics, and science demonstrated by the children participating in the summer school program both before participation in the program and at the conclusion of the program. Pre and Post summer program Levels of performance shall be demonstrated using assessment methods approved by the Department.

3.07 Return of Excess Funds

If an eligible facility received more funds than were expended for qualified staff and materials and supplies, the excess funds shall be returned with the report due October 1 to the Department to be deposited into the Facility Summer School Grant Program Fund. 2286-R-4.00 Facility Summer School Grant Program Fund 4.01 The Facility Summer School Grant Program Fund shall consist of such moneys as may be appropriated from the State General Fund and from the State Education Fund as well as any gifts, grants or donations received by the Department.

4.02 The moneys in the fund are subject to annual appropriation by the General Assembly.

4.03 The Department may expend up to one percent of the moneys annually appropriated from the fund to offset the documented costs incurred in implementing the grant program.

4.04 All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.

4.05 At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the General Fund or any other fund.