Summer school programs that are provided under the Texas Education
Code (TEC), §29.060, for English learners who will be eligible
for admission to kindergarten or Grade 1 at the beginning of the next
school year shall be implemented in accordance with this section.
(1) Purpose of summer school programs.
(A) English learners shall have an opportunity to receive
special instruction designed to prepare them to be successful in kindergarten
and Grade 1.
(B) Instruction shall focus on language development
and essential knowledge and skills appropriate to the level of the
(C) The program shall address the affective, linguistic,
and cognitive needs of the English learners in accordance with §89.1210(b)
of this title (relating to Program Content and Design).
(2) Establishment of, and eligibility for, the program.
(A) Each school district required to offer a bilingual
or English as a second language (ESL) program in accordance with the
TEC, §29.053, shall offer the summer program.
(B) To be eligible for enrollment:
(i) a student must be eligible for admission to kindergarten
or to Grade 1 at the beginning of the next school year and must be
an English learner; and
(ii) a parent must have approved placement of the English
learner in the required bilingual or ESL program following the procedures
described in §89.1220(g) of this title (relating to Language
Proficiency Assessment Committee) and §89.1226(b)-(f) of this
title (relating to Testing and Classification of Students).
(3) Operation of the program.
(A) Enrollment is optional.
(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.
(C) The student/teacher ratio for the program district-wide
shall not exceed 18 to one.
(D) A school district is not required to provide transportation
for the summer program.
(E) Teachers shall possess certification as required
in the TEC, §29.061, and §89.1245 of this title (relating
to Staffing and Staff Development).
(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
(G) A school district may join with other school districts
in cooperative efforts to plan and implement programs.
(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 TEC, §29.153.
(4) Funding and records for programs.
(A) A school district shall use state and local funds
for program purposes.
(i) Available funds appropriated by the legislature
for the support of summer school programs provided under the TEC, §29.060,
shall be allocated to school districts in accordance with this subsection.
(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. The allotment
per unit shall be determined by the commissioner based on funds available.
(iii) Any school district required to offer the program
under paragraph (2)(A) of this subsection that has fewer than 10 students
district-wide desiring to participate is not required to operate the
program. However, those school districts must document that they have
encouraged students' participation in multiple ways.
(iv) Payment to school districts for summer school
programs shall be based on units employed. This information must be
submitted in a manner and according to a schedule established by the
commissioner in order for a school district to be eligible for funding.
(B) A school 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; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415