Summer school programs that are provided under the Texas Education Code, §29.060, for children of limited English proficiency who will be eligible for admission to kindergarten or first grade at the beginning of the next school year shall be implemented in accordance with this section.

1. (1) Purpose of summer school programs.

   1. (A) Limited English proficient students shall have an opportunity to receive special instruction designed to prepare them to be successful in kindergarten and first grade.
   2. (B) Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student.
   3. (C) The program shall address the affective, linguistic, and cognitive needs of the limited English proficient students in accordance with §89.1210(c) of this title (relating to Program Content and Design).

2. (2) Establishment of, and eligibility for, the program.

   1. (A) Each district required to offer a bilingual or special language program in accordance with the Texas Education Code, §29.053, shall offer the summer program. Programs under this subsection for students who will be in bilingual education kindergarten and first grade programs shall be bilingual education.
   2. (B) To be eligible for enrollment, a student must be eligible for admission to kindergarten or to the first grade at the beginning of the next school year and must be limited English proficient.
   3. (C) Limited English proficiency shall be determined by screening students using informal oral language inventories or oral proficiency instruments approved by the commissioner of education, or other appropriate instruments.

3. (3) Operation of the program.

   1. (A) Enrollment in the program is optional with the parents of the student.
   2. (B) The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction.
   3. (C) The student/teacher ratio for the program district-wide shall not exceed 18 to one.
   4. (D) A district is not required to provide transportation for the summer program.
   5. (E) Teachers shall possess certification or endorsement as required in the Texas Education Code, §29.061, and §89.1245 of this title (relating to Staffing and Staff Development).
   6. (F) Reporting of student progress shall be determined by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term. morma
   7. (G) A district may join with other districts in cooperative efforts to plan and implement programs.
   8. (H) The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in the Texas Education Code, §29.153.

4. (4) Funding and records for programs.

   1. (A) A district shall use state and local funds for program purposes. The Improving America's Schools Act, Title VII bilingual, Title I migrant, or Title I regular or other available federal funds may be used to supplement the program.

      1. (i) Available funds appropriated by the legislature from the Foundation School Program for the support of summer school programs provided under the Texas Education Code, §29.060, shall be allocated to school districts in accordance with this subsection.
      2. (ii) Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to one. The numbers of students required to earn units shall be established by the commissioner of education. The allotment per unit shall be determined by the commissioner based on funds available.
      3. (iii) Any district required to offer the program under paragraph (2)(A) of this subsection that has less than ten students district-wide desiring to participate is not required to operate the program. However, those districts must demonstrate that they have aggressively attempted to encourage student participation.
      4. (iv) Payment to districts for summer school programs shall be based on units employed and shall be made through the regular foundation program payment.
      5. (v) Districts shall apply to the commissioner of education for funding of summer school programs operated under this subsection. Applications for funding shall contain the number of students who will participate in the program and other information necessary to assure the commissioner that programs will be operated in accordance with this subsection.
   2. (B) A district shall maintain records of eligibility, attendance, and progress of students.

Source Note:The provisions of this §89.1250 adopted to be effective September 1, 1996, 21 TexReg 5700.