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Policy

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State Board of Education Rule- Title 19, Part II, Chapter 89 Adaptations for Special Populations, Subchapter B: Adult Basic and Secondary Education

Statutory Authority: The provisions of this Subchapter B issued under Texas Education Code, §7.102(c)(16) and §29.253, unless otherwise noted

§89.21. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Adult education - Basic and secondary instruction and services for adults.

(A) Adult basic education--Instruction in reading, writing, English and solving quantitative problems, including functional context, designed for adults who: have minimal competence in reading, writing, and solving quantitative problems; are not sufficiently competent to speak, read, or write the English language; or are not sufficiently competent to meet the requirements of adult life in the United States, including employment commensurate with the adult's real ability.

(B) Adult secondary education--Comprehensive secondary instruction below the college credit level in reading, writing and literature, mathematics, science, and social studies, including functional context, and instruction for adults who do not have a high school diploma or its equivalent.

(2) Contact time -

(A) The cumulative sum of minutes during which an eligible adult student receives instructional, counseling, and/or assessment services by a staff member supported by federal and state adult education funds as documented by local attendance and reporting records.

(B) Student contact time generated by volunteers may be accrued by the adult education program when volunteer services are verifiable by attendance and reporting records and volunteers meet requirements under §89.25 of this title (relating to Qualifications and Training of Staff).

(3) Student contact hour - 60 minutes.

(4) Cooperative/consortium adult education program--A community or area partnership of educational, work force development, human service entities, and other agencies that agree to collaborate for the provision of adult education and literacy services.

(5) Fiscal agent - The local entity that serves as the contracting agent for an adult education program.

(6) Eligible grant recipient--Eligible grant recipients for adult education programs are those entities specified in statutes.

Source: The provisions of this §89.21 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386; amended to be effective December 25, 2006, 31 TexReg 10297.

§89.22. Use of Funds.

Adult education and literacy funds are to be used for programs of adult education and literacy for out-of-school persons who are beyond compulsory school attendance age and who function at less than a secondary school completion level or who lack a secondary school credential.

Source: The provisions of this §89.22 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.23. Essential Program Components.

The following essential program components shall be provided:

(1) adult basic education;

(2) programs for adults of limited English proficiency;

(3) adult secondary education, including programs leading to the achievement of a high school equivalency certificate and/or a high school diploma;

(4) instructional services to improve student proficiencies necessary to function effectively in adult life, including accessing further education, employment-related training, or employment; and

(5) assessment and guidance services related to paragraphs (1)-(4) of this section.

Source: The provisions of this §89.23 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.24. Diploma Requirements.

The standards for the awarding of diplomas to adults shall be those established under Chapter 74 of this title (relating to Curriculum Requirements) with the following exceptions.

(1) There shall be no limit to the number of secondary credits adults may earn by demonstration of competence.

(2) Adults may earn the required physical education credits by one or more of the following:

(A) satisfactory completion of approved secondary physical education courses; or

(B) substitution of state-approved secondary elective courses.

(3) Adults must meet the requirements for successful performance on a secondary level test designated by the commissioner of education.

Source: The provisions of this §89.24 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386.

§89.25. Qualifications and Training of Staff.

The requirements of this section shall apply to all adult education staff hired after September 1, 1996, excluding clerical and janitorial staff.

(1) All staff shall receive at least 12 clock hours of professional development annually.

(2) All staff new to adult education shall receive six clock hours of preservice professional development before they begin work in an adult education program.

(3) Aides shall have at least a high school diploma or high school equivalency certificate.

(4) The following apply to directors, teachers, counselors, and supervisors.

(A) Persons must possess at least a bachelor's degree.

(B) Persons without valid Texas teacher certification must attend 12 clock hours of inservice professional development annually in addition to that specified in paragraph (1) of this section until they have completed either six clock hours of adult education college credit or attained two years of adult education experience.

(5) The requirements for inservice professional development may be reduced by local programs in individual cases where exceptional circumstances prevent employees from completing the required hours of inservice professional development. Documentation shall be kept justifying such circumstances. Requests for exemption from staff qualification requirements in individual cases may be submitted to the Texas Education Agency (TEA) (TEA) for approval in the application for funding and must include justification and proposed qualifications.

(6) Records of staff qualifications and professional development shall be maintained by each fiscal agent and must be available for monitoring.

(7) The requirements in paragraphs (1)-(5) of this section also apply to volunteers who generate student contact time, as defined under §89.21 of this title (relating to Definitions), which is accrued by the adult education program and reported to TEA for funding purposes.

Source: The provisions of this §89.25 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.26. Service Requirements for Staff.

Teachers and aides shall be assigned to instruction, counseling, and/or assessment for a minimum of 75% of the hours for which they are employed.

Source: The provisions of this §89.26 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.27. Program Delivery System.

(a) There shall be a statewide system of adult education cooperatives/consortia for the coordinated provision of adult education services. To the extent possible, service delivery areas shall be large enough to support a program meeting the requirements of §89.23 of this title (relating to Essential Program Components) and to ensure efficient and effective delivery of services.

(b) Eligible grant recipients may apply directly to the Texas Education Agency (TEA) for adult education and literacy funding. Eligible grant recipients are encouraged to maximize the fiscal resources available for service to undereducated adults and avoid unproductive duplication of services and excessive administrative costs by forming consortia or cooperatives and using fiscal agents for the delivery of services.

(c) Grant applicants who will serve as a fiscal agent for a cooperative/consortium must consult with other adult education and literacy providers in the cooperative/consortium in developing applications for funding to be submitted to TEA.

(d) Each fiscal agent shall be responsible for:

(1) he overall management of the cooperative/consortium, including technical assistance to consortium members, on-site visits, staff qualifications and professional development, and program implementation in accordance with the requirements of this subchapter;

(2) the employment of an administrator for the cooperative/consortium;

(3) development of written agreements with consortium members for the operation of the adult education program; and

(4) expenditures of funds for the conduct of the project and making and filing composite reports for the consortium.

(e) Nonconsortium applicants must also provide evidence of coordination of existing adult education and literacy services in the area proposed to be served and maintain an advisory committee.

Source: The provisions of this §89.27 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.28. Advisory Committee.

At least one collaborative advisory committee shall be formed in each funded adult education program. That committee shall be composed of a broad spectrum of community representatives, including work force development representatives, to review the activities of, and make recommendations to, the fiscal agent in planning, developing, and evaluating the adult education program. The fiscal agent shall be responsible for convening the collaborative advisory committee at least twice each year.

Source: The provisions of this §89.28 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.29. Allocation of Funds.

(a) Annually, after federal adult education and literacy funds have been set aside for state administration, special projects and staff development, state and federal adult education fund allocations shall be developed for each county and each school district geographic area. Allocations shall be computed as follows.

(1) Twenty-five percent of the funds available shall be allocated based on the best available estimates of the number of eligible adults in each county and school district geographic area within each county.

(2) Seventy-five percent of the funds available shall be allocated based on student contact hours reported by each school district geographic area and for the most recent complete fiscal year reporting period.

(3) A school district geographic area's student contact hour annual allocation shall not be reduced by more than 10% below the preceding fiscal year's contact hour allocation provided that:

(A) sufficient funds are available; and

(B) the school district geographic area's contact hour performance used in calculating the allocation was not less than that of the preceding fiscal year.

(4) If public funds, other than state and federal adult education funds, are used in the adult education instructional program, the program may claim only the proportionate share of the student contact time based on the adult education program's expenditures for the instructional program.

Source: The provisions of this §89.29 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective December 25, 2006, 31 TexReg 10297.

§89.30. Tuition and Fees.

(a) No student tuition or fees shall be charged for adult basic education as a condition for membership and participation in a class.

(b) Tuition and fees for adult secondary education may be charged and be established by local fiscal agent board policy. Funds generated by such tuition and fees shall be used for the adult education instructional program.

Source: The provisions of this §89.30 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective December 25, 2006, 31 TexReg 10297.

§89.31. Allowable and Nonallowable Expenditures.

Supervisory and administrative costs shall not exceed 25% of the total budget. These costs may include supervisory payroll costs, rental of administrative space, indirect costs, and clerical costs.

Source: The provisions of this §89.31 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.32. Staff Development and Special Projects.

Priorities for expenditures of federal funds as required by the Workforce Investment Act, §223, shall be presented annually to the State Board of Education.

Source: The provisions of this §89.32 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective December 25, 2006, 31 TexReg 10297.

§89.33. Evaluation of Programs.

The Texas Education Agency shall evaluate adult education programs based on the indicators of program quality for adult education.

Source: The provisions of this §89.33 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective December 25, 2006, 31 TexReg 10297.

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Who is Behind the Texas Administrative Code?

The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. There are 16 titles in the TAC. Each title represents a category and relating agencies are assigned to the appropriate title. The Texas State Board of Education (TABOE) is the governmental entity responsible for creating and amending the rules and regulations for the Texas Education Agency. Within the TAC, there is a section on how the Texas Education Agency should administer the adult education programs. The members of the TSBOE are elected officials across the state of Texas, totaling 15 members in all.

Texas State Board of Education

The Texas Administrative Code

 

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