19 Tex. Admin. Code § 89.1511 – Performance Standards and Revocation of Grant Award

(a) Performance standards for a local Communities In Schools (CIS) program regarding the number of case-managed students served.
1. (1) A local CIS program that fails to serve the number of case-managed students indicated in its grant application by the end of the school year of any given year will receive grant funding based only on the number of case-managed students the program actually served in that given year.
2. (2) Following the end of a given school year (Year 1), a local CIS program that fails to serve the number of case-managed students identified in its grant application must submit to the Texas Education Agency (TEA) a letter of explanation detailing the reasons the local CIS program did not serve the number of case-managed students indicated in its grant application. Additionally, a Program Improvement Plan (PIP) detailing how the CIS program will reach the Year 1 target by the end of the second school year (Year 2) is required. The PIP must include the following:
  1. (A) local program contact information;
  2. (B) the number of case-managed students listed in the grant application;
  3. (C) the actual number of case-managed students served;
  4. (D) a list of the proposed strategies and initiatives that will be implemented to meet the case-managed student target;
  5. (E) a list of the timelines for each proposed strategy and initiative; and
  6. (F) a list of fiscal, logistical, and human resources to be used to meet the case-managed student target.
3. (3) A local CIS program that fails to meet the Year 1 target for case-managed students in Year 2 will:
  1. (A) receive payment only for the number of case-managed students the program actually served;
  2. (B) have its grant application modified to reflect a decreased number of case-managed students and decreased funding for Year 3; and
  3. (C) be placed on probation for Year 3.
4. (4) A local CIS program placed on probation:
  1. (A) must update its PIP to show how it will modify its program to meet the Year 3 case-managed student target; and
  2. (B) will not qualify for any increases in grant awards. The commissioner may waive this requirement if the local CIS program fails to meet its case-managed student target as a result of circumstances, such as a natural disaster, beyond the program's control.
5. (5) A local CIS program that fails to meet its Year 3 case-managed student target by the end of Year 3 may have its grant award non-renewed or revoked.
6. (6) A local CIS program that successfully reaches its Year 3 case-managed student target at the end of Year 3 will be removed from probation.
7. (7) A local CIS program may have its grant award non-renewed or revoked if it fails to meet its case-managed student target as identified in the grant application for four years out of a five-year period.
(b) Performance standards for a local CIS program regarding state targets in academic achievement, attendance, behavior, dropout rates, graduation, and promotion/retention.
1. (1) In accordance with the Texas Education Code (TEC), §33.154(a)(2), performance standards are established for local CIS programs in the objective areas of academic achievement, attendance, behavior, dropout rates, graduation, and promotion/retention.
2. (2) Each local CIS program must meet the performance standards stated in its grant application each year.
3. (3) The TEA shall notify local CIS programs that did not meet performance standards in any objective area, within a 5.0% variance, following the end of each school year.
4. (4) A local CIS program that fails to meet performance standard(s) in any objective area within a 5.0% variance must submit to the TEA a letter of explanation detailing the reasons the program was unable to meet state established performance standard(s). Additionally, a PIP detailing how the CIS program will reach the performance standard by the end of the next grant year period is required. The PIP shall include the following:
  1. (A) local program contact information;
  2. (B) a list of the objective area(s) and the performance standard(s) as listed in the grant application;
  3. (C) a list of the actual standard(s) met for each objective area(s);
  4. (D) a list of the proposed strategies and initiatives that will be implemented to meet the performance standard(s) that were not met;
  5. (E) a list of the timelines for each proposed strategy and initiative; and
  6. (F) a list of fiscal, logistical, and human resources to be used to reach the performance standard(s).
5. (5) The TEA will review PIPs within 30 days of receipt.
6. (6) A local CIS program that fails to meet the performance standard in the same objective area for academic achievement, attendance, or behavior for Year 2 or two consecutive years must submit an updated PIP for approval by the TEA and may not be eligible for additional CIS funding opportunities outside of the CIS grant allocation described in §89.1503 of this title (relating to Funding). A local CIS program that fails to meet the performance standard in the same objective area for dropout, graduation, and promotion/retention for Year 2 or two consecutive years will be placed on probation for Year 3.
7. (7) A local CIS program placed on probation:
  1. (A) must update its PIP to show how it will modify its program to meet the Year 3 performance standards; and
  2. (B) will not qualify for any increases in grant awards. The commissioner may waive this requirement if the local CIS program fails to meet its performance standards as a result of circumstances, such as a natural disaster, beyond the program's control.
8. (8) A local CIS program that fails to meet the Year 3 performance standard in the same objective area for academic achievement, attendance, or behavior by the end of Year 3 must submit an updated PIP for approval by the TEA and may not be eligible for additional CIS funding opportunities outside of the CIS grant allocation described in §89.1503 of this title. A local CIS program that fails to meet the Year 3 performance standard in the same objective area for dropout, graduation, and promotion/retention by the end of Year 3 may have its grant award non-renewed or revoked.
9. (9) A local CIS program may have its grant award non-renewed or revoked if it fails to meet the performance standard in the same objective area for dropout, graduation, and promotion/retention as identified in the grant application for four years out of a five-year period.
(c) Performance standards for a developing program. A developing program that does not meet the requirements for establishing a local CIS program as specified in the request for application may have its grant funding non-renewed or revoked in accordance with subsection (e) of this section.
(d) Total Quality Systems (TQS) accreditation.
1. (1) Each local CIS program must be TQS accredited by October 31, 2015, as required in the TEA grant application.
2. (2) A local CIS program that does not sustain TQS accreditation must develop and submit a TQS work plan for approval by the TEA which details the steps to correct identified TQS standards for the following two grant years. The TQS work plan shall be in a format determined by the TEA.
3. (3) A local CIS program that does not correct the identified TQS standards at the end of Year 2 must submit a revised work plan to the TEA for the following grant year.
4. (4) A local CIS program that does not correct the identified TQS standards at the end of Year 3 may have its grant award non-renewed or revoked for Year 4.
(e) Revocation of grant award.
1. (1) The commissioner may deny renewal or revoke the grant award of a local CIS program based on any of the following:
  1. (A) failure to serve the number of case-managed students identified in its grant application for three consecutive years;
  2. (B) failure to meet the performance standard in the same objective area for dropout, graduation, and promotion/retention within a 5.0% variance as identified in the local CIS program's grant application for three consecutive years;
  3. (C) consistently failing to serve the target number of case-managed students and meet the performance standard in the same objective area for dropout, graduation, and promotion/retention within a 5.0% variance as identified in its grant application for four years out of a five-year period; or
  4. (D) failure to correct the identified TQS standards for three consecutive years.
2. (2) The commissioner may deny renewal or revoke the grant award of a developing program based on any of the following:
  1. (A) non-compliance with application assurances;
  2. (B) lack of program success as evidenced by progress reports and program data;
  3. (C) failure to meet performance standards specified in the application; or
  4. (D) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the developing program.
3. (3) A decision by the commissioner to deny renewal or revoke authorization of a grant award is final and may not be appealed.
4. (4) Revoked funds may be used for CIS program replication and/or expansion in accordance with §89.1503(d) of this title.
5. (5) A program whose grant has been non-renewed or revoked is eligible to apply for replication funding in accordance with §89.1503(d) of this title after one year from the fiscal year the grant was non-renewed or revoked.

Source Note:The provisions of this §89.1511 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820.