1. If the student is in prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;

2. If the student is in grade 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;

3. Was not advanced from one grade level to the next for one or more school years;

4. Did not perform satisfactorily on a state assessment instrument and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;

5. Is pregnant or is a parent;

6. Has been placed in an alternative education program under Education Code 37.006 during the preceding or current school year;

7. Has been expelled during the preceding or current school year;

8. Is currently on parole, probation, deferred prosecution, or other conditional release;

9. Was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;

10. Is a student of limited English proficiency, as defined by Section 29.052;

11. Is in the custody or care of the Department of Protective and Regulatory Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;

12. Is homeless, as defined by 42 U.S.C. 11302 and its subsequent amendments [see FD], or

13. Resided in the preceding school year or resides in the current school year in a residential placement facility in the District, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, or foster group home.

In addition to students described above, a student who satisfies local eligibility criteria adopted by the Board may receive instructional services under this policy. The number of students receiving services under local eligibility criteria during a school year may not exceed ten percent of the number of students described above who received services from the District during the preceding school year.

Education Code 29.081(d), (g)

The District shall offer an intensive program of instruction to a student who does not perform satisfactorily on a state assessment instrument. The program shall be designed to enable the student to perform at the student's grade level at the conclusion of the next regular school term, to the extent practicable, or to attain a standard of annual growth specified by the District and reported by the District to TEA and, if applicable, to carry out the purposes of Education Code 28.0211.

For a student in a special education program under Education Code Subchapter 29(A), who does not perform satisfactorily on a state assessment instrument, the student's admission, review, and dismissal committee shall design the program to enable the student to attain a standard of annual growth on the basis of the student's individualized education program and, if applicable, carry out the purposes of Education Code 28.0211.

The District's determination of the appropriateness of a program for a student is final and does not create a cause of action.

The District shall use funds appropriated by the legislature for an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements. The Commissioner shall distribute funds to districts that implement the program based on the number of students identified by the District who do not perform satisfactorily on a state assessment instrument or are not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the District.

Education Code 28.0213

The District shall use student performance data from state basic skills assessment instruments and achievement tests to design and implement appropriate compensatory, intensive, or accelerated instructional services for students in the District's schools that enable the students to be performing at grade level at the conclusion of the next regular school term.

The District shall provide accelerated instruction to enrolled students who have not performed satisfactorily on each section of the secondary exit-level assessment instrument or who are at risk of dropping out of school.

The District shall evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on state assessment instruments or disparity in the rates of high school completion between students at risk of dropping out of school and all other District students. The evaluation shall include an analysis of the effectiveness of each program described in the campus and District improvement plans for reducing such disparities.

Education Code 29.081(a), (b), (c)

The District shall use its compensatory education allotment to fund supplemental programs and services designed to eliminate any disparity in performance on state assessment instruments or disparity in the rates of high school completion between at-risk students and all other students. Specifically, the District may use the funds, other than an indirect cost allotment established by State Board rule, which may not exceed 15 percent, in providing a compensatory, intensive, or accelerated instruction program or an alternative education program established under Education Code 37.008 or to support a program eligible under Title I of the Elementary and Secondary Education Act of 1965 and its subsequent amendments and implementing regulations, at a campus at which at least 40 percent of the students are educationally disadvantaged. In meeting the costs of providing a compensatory, intensive, or accelerated instruction program, the District's compensatory education allotment shall be used for costs supplementary to the regular education program, such as costs for program and student evaluation, instructional materials and equipment and other supplies required for quality instruction, supplemental staff expenses, salary for teachers of at-risk students, smaller class size, and individualized instruction.

The District may also use allocated funds to fund the District's mentoring services program under Education Code 29.089.

The District may use its compensatory education allotment for a program specifically designed to serve students at risk of dropping out of school.

The number of educationally disadvantaged students is determined:

1. By averaging the best six months' enrollment in the national school lunch program of free or reduced-price lunches for the preceding school year, or

2. In the manner provided by Commissioner of Education rule, if no campus in the District participated in the national school lunch program of free or reduced-price lunches during the preceding school year.

To ensure that a sufficient amount of compensatory education funds are available to supplement instructional programs and services, no more than 18 percent of the funds allotted under this section may be used to fund disciplinary alternative education programs. The Commissioner may waive the limitations upon an annual petition, by the District's Board and site-based decision making committee, presenting the reason for the need to spend supplemental compensatory education funds on disciplinary alternative education programs, provided that the District reports the number of students in each grade level, by demographic subgroup, not making satisfactory progress under the state's assessment system.

Notwithstanding Education Code 42.152(c), funds allocated may be used to fund in proportion to the percentage of students served by the program that meet the criteria in Education Code 29.081(d) or (g):

1. An accelerated reading instruction program under Education Code 28.006(g), or

2. A program for treatment of students who have dyslexia or a related disorder as required by Education Code 38.003.

Education Code 42.152

The District may provide tutorial services at District schools. If the District provides tutorial services, it shall require a student whose grade in a subject for a reporting period is lower than 70 to attend tutorials.

The District may provide transportation services to accommodate students who are required to attend tutorials and who are eligible for regular transportation.

Education Code 29.084

The District shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies to each student in kindergarten, first grade, or second grade who is determined, on the basis of reading instrument results [see EKC], to be at risk for dyslexia or other reading difficulties. The District shall determine the form, content, and timing of that program. The admission, review, and dismissal committee of a student who participates in the District's special education program and who does not perform satisfactorily on a reading instrument shall determine the manner in which the student will participate in an accelerated reading program.

However, the accelerated reading instruction program may be implemented only if the Commissioner certifies, no later than July 1 of each year, that funds have been appropriated during a school year for administering the accelerated reading instruction program.

Education Code 28.006

The Commissioner shall make grants in support of pre-reading instruction. These grants shall be used to provide scientific, research-based pre-reading instruction for the purpose of directly improving pre-reading skills and for identifying cost-effective models for pre-reading intervention. As a condition to receiving a grant, public or private funds matching the grant must be pledged in a percentage set by the Commissioner. Education Code 29.157

The District may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide mathematics and science instruction to:

1. Students who are not performing at grade level in mathematics or science to assist those students in performing at grade level;

2. Students who are not performing successfully in a mathematics course or science course to assist those students in successfully completing the course; or

3. Other students as determined by the District.

Before providing a program, the Board must adopt a policy for:

1. Determining student eligibility for participating in the program that:

1. Prescribes the grade level or course a student must be enrolled in to be eligible; and

2. Provides for considering teacher recommendations in determining eligibility;

2. Ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;

3. Ensuring that eligible students are encouraged to attend the program;

4. Ensuring that the program is offered at one or more locations in the District that are easily accessible to eligible students; and

5. Measuring student progress on completion of the program.

The Commissioner by rule shall adopt guidelines and procedures related to funding and reporting.

Education Code 29.088, 29.089; 19 TAC 102.1041

The District may set aside an amount from its compensatory education allotment, or may apply to TEA for funding of an extended-year program, for a period not to exceed 30 instructional days for:

1. Students in kindergarten through grade 11 who are identified as not meeting 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; or

2. Students in grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year.

Each district seeking funding for an extended-year program must submit an application to the Commissioner of Education.

If the District provides an extended-year program, it shall adopt a policy designed to lead to immediate reduction and ultimate elimination of student retention.

The District may not enroll more than 16 students in a class provided in an optional extended-year program. Each class must be taught by a teacher who has completed a program that provides training to teach such a class. The training 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, and additional professional development may be provided throughout the implementation of the program.

The District must:

1. 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.

2. Include a parent/family awareness component in the extended-year program.

3. Submit to TEA an annual report evaluating the program. The report shall include a complete list of students who participated in the program for at least one day.

4. Maintain documentation of its compliance with the requirements of the optional extended-year provisions of this policy.

An extended-year program may extend the year, the week, or the day. The program shall be conducted beyond the required instructional days which may include intercessions for year-round programs.

The District may use optional extended-year program funds for follow-up activities so long as the optional extended-year program is provided for no less than 30 instructional days. These follow-up activities are restricted to participants of the program. 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.

The District shall provide transportation to each student who is required to attend a program, under this section and who is eligible for regular transportation services. [See policies at EIE and FDC]

Education Code 29.082; 19 TAC 105.1001

A student is eligible to participate in the OFYP if the student meets one or more of the following criteria:

1. The student did not or is not likely to achieve a passing score on a state assessment;

2. The student is not eligible for promotion to the next grade.

The criteria for an OFYP are as follows:

1. The District may reduce the number of instructional days during the regular school year for students who do not meet the eligibility criteria for participation in the program to no fewer than 170 days;

2. The District must provide at least 180 days of instruction to those students who meet the eligibility criteria;

3. The District may request waivers for no more than five days of staff development or teacher preparation in order to provide additional days of instruction;

4. A district that provides transportation services must continue to provide these services during the OFYP;

5. A district that participates in the National School Lunch or Breakfast Programs must continue to provide these services during the OFYP;

6. The District may require educational support personnel to provide service as necessary for an OFYP;

7. Each educator employed under a ten-month contract must provide the minimum days of service required under Education Code 29.0821 [see DC], notwithstanding any reduction in the number of instructional days in the regular school year or in the number of staff development days.

The District must submit a letter to TEA describing the proposed modifications to the instructional calendar. The letter must indicate the date on which the Board approved the modified instructional calendar.

If the District is requesting a waiver of staff development days or teacher preparation days, the letter must indicate that the request was approved by the campus site-based decision-making committee.

Education Code 29.0821; 19 TAC 61.1017

The District may use funds allocated under Education Code 42.152 to fund a mentoring services program.

Education Code 29.089; 42.152(c-1)

The District may use a private or public community-based dropout recovery education program to provide alternative education programs for students at risk of dropping out of school. The programs must:

1. Provide not less than four hours of instructional time per day;

2. Employ as faculty and administrators persons with baccalaureate or advanced degrees,

3. Provide at least one instructor for each 28 students;

4. Perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the Commissioner; and

5. Comply with the Education Code and rules adopted thereunder.

Education Code 29.081(e)