1. (a) Each school district seeking funding for an optional extended year program under the Texas Education Code, §29.082, must submit an application in a format prescribed by the commissioner of education. Once funded, the program shall comply with the provisions of the Texas Education Code, §29.082.

2. (b) School districts shall be funded annually based on the most recent district data available to the Texas Education Agency through the Public Education Information Management System (PEIMS). Funding shall be based on the following:

   1. (1) Eligibility. School districts in which at least 35% of the students in Kindergarten through Grade 8 are from economically disadvantaged families will be eligible for funding.
   2. (2) Maximum entitlement. Funding for an eligible school district under this section shall be based on the amount necessary to provide extended-year instructional services to not more than 10% of the at-risk student population in Kindergarten through Grade 8.
   3. (3) Per capita amount. The per capita amount will be determined by dividing the total program allocation by the sum of the maximum entitlement populations in Kindergarten through Grade 8 in eligible school districts.
   4. (4) Reallocation. Program funds not requested by eligible school districts will be reallocated to school districts with 50% or more economically disadvantaged students.
3. (c) At a minimum, school districts will be required to provide services to the number of students identified on the school district's entitlement notice used for funding. School districts that have fewer students participating in the optional extended year program than identified for calculating the school district's maximum entitlement (including reallocation, if applicable) will have their entitlement reduced on a per-capita basis.
4. (d) A school district receiving funds under the Texas Education Code, §29.082, that is also receiving funds for an optional extended year program for students in Kindergarten through Grade 8 under the Option 4 wealth equalization agreement authorized under the Texas Education Code, Chapter 41, must adjust its Option 4 equalization agreement. The district must adjust the agreement to redirect the use of funds to a qualifying activity other than an optional extended year program for students in Kindergarten through Grade 8 to the extent necessary to avoid duplicate funding of optional extended year programs.
5. (e) A school district receiving funds for the accelerated reading instruction program authorized under the Texas Education Code, §28.006(g), is ineligible to use funds authorized under the Texas Education Code, §29.082, to serve students in Kindergarten during the 1999-2000 school year, Kindergarten-Grade 1 during the 2000-2001 school year, and Kindergarten-Grade 2 during the 2001-2002 school year.
6. (f) An optional extended year program may extend the day, the week, or the year. The program shall be conducted beyond the required instructional days which may include intercessions for year-round programs.
7. (g) A school district may use funds under this section for follow-up activities so long as the optional extended year program is provided for no less than 30 instructional days. Follow-up activities provided by this subsection are restricted to participants of the program.
8. (h) All costs under the optional extended year program must be necessary and reasonable for carrying out the objectives of the program and for the proper and efficient performance and administration of the program.
9. (i) Students who do not meet district standards or policies for promotion on the basis of academic achievement or demonstrated proficiency of the subject matter of the course or grade level shall be eligible for services under the optional extended year program.
10. (j) A school district must include a parent/family awareness component in the program.
11. (k) Training required under Texas Education Code, §29.082 (d), shall provide teachers with the knowledge and skills needed to help students in the program meet challenging state content and student performance standards. Training is to occur prior to the implementation of the program. Additional professional development may be provided throughout the implementation of the program.
12. (l) A school district shall incorporate effective instructional strategies into the design of the program to ensure students are provided with the skills needed to be successful in the following school year. An extended day program must be implemented beyond the regular seven-hour day and may not include tutorials or extended in-school day-care services. A tutorial program is not an acceptable instructional design for the program.
13. (m) A school district shall submit an annual report evaluating the program in the time and format required by the Agency. The report shall include a complete list of students who participated in the program for at least one day.
14. (n) For audit purposes, a school district shall maintain documentation to support each of the requirements of this section.

Source Note:The provisions of this §105.1001 adopted to be effective December 1, 1997, 22 TexReg 11671; amended to be effective November 7, 1999, 24 TexReg 9610.