(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.   (1) Intensive Summer Pilot Program--A pilot program established and implemented by the Texas Education Agency (TEA) in accordance with the Texas Education Code (TEC), §29.098. The pilot program is to provide eligible school districts with financial grants to establish programs in which school districts provide intensive academic instruction during the summer to students identified as being at risk of dropping out of school. Each district awarded funds under this pilot program shall design, establish, and operate an intensive summer program in partnership with an institution of higher education and must provide intensive academic instruction in English language arts, mathematics, and science in Grades 9-12 and in reading and mathematics in Grades 6-8.   (2) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.   (3) Shared services arrangement (SSA)--A shared services arrangement is an agreement between two or more school districts and/or education service centers that provides services for entities involved. (b) Eligibility.   (1) In accordance with the TEC, §39.358, a school district is eligible to apply for funding under the Intensive Summer Pilot Program if the school district exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates.   (2) Eligibility for participation in the Intensive Summer Pilot Program will be determined annually by the commissioner of education based on the latest available data and research and in accordance with the TEC, §29.098, and eligibility criteria outlined in the TEC, §39.358.   (3) An eligible school district may enter into an SSA with other eligible school districts in order to establish an Intensive Summer Pilot Program that serves students from school districts identified in the SSA.   (4) An eligible school district which submits a single grant application on behalf of itself and several other school districts participating in an SSA agrees to serve as the fiscal agent for the grant and will be held responsible for all compliance and audit recoveries. (c) Application.   (1) An eligible school district must apply through the request for application (RFA) process to participate in the Intensive Summer Pilot Program.   (2) Eligible applicants must meet all deadlines, requirements, and guidelines outlined in the RFA.   (3) An eligible school district that applies to participate in the Intensive Summer Pilot Program must describe in its application how grant funds, in-kind contributions, and donations (including matching funds) will be allocated.   (4) An eligible school district applying as the fiscal agent for an SSA must complete and submit the required SSA form as part of the grant application. (d) Notification. The TEA will notify each applicant in writing of its selection or non-selection for participation in the Intensive Summer Pilot Program. (e) Program funding and use of funds.   (1) In accordance with the TEC, §29.098, programs will be funded on a per-student participant amount not to exceed $750 per student. Grant awards must be matched by not less than $250 for each participating student in other federal, state, or local funds, including donations.   (2) In accordance with the TEC, §29.098, the entire amount of a grant awarded under the Intensive Summer Pilot Program must fund the program as described in the RFA, including the description of how grant funds, in-kind contributions, and donations will be allocated. In-kind contributions may include facilities use, support services, transportation, and volunteers. Donations may include the minimum district matching contribution of not less than $250 per participating student in other federal, state, or local funds, including private donations. The district matching requirement may be met with matching funds and/or in-kind contributions.   (3) A school district participating in the Intensive Summer Pilot Program may use grant funds for other necessary costs such as implementing the optional allowable activities outlined in the program requirements section of the RFA and in the guidelines related to specific costs appendix to the RFA. (f) Conditions of pilot program operation. Each school district operating an approved Intensive Summer Pilot Program:   (1) must operate the pilot program in accordance with the TEC, §29.098, and the requirements outlined in the RFA; and   (2) may include additional classes and activities, as outlined in the RFA, to supplement the pilot program's instructional core curriculum of mathematics, science, English language arts, and reading. Additional optional activities must be aligned with the program goals and requirements provided in the RFA. (g) Program evaluation. Each school district operating an approved Intensive Summer Pilot Program must comply with evaluation procedures established by the commissioner as detailed in the RFA. (h) Revocation.   (1) The commissioner may revoke participation in the Intensive Summer Pilot Program based on any of the following factors:     (A) noncompliance with requirements and assurances outlined in the RFA or the provisions of this section;     (B) lack of program success as evidenced by progress reports and program data;     (C) failure to meet performance standards specified in the RFA; or     (D) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the pilot program.   (2) A decision by the commissioner to revoke authorization of a grant award is final and may not be appealed. (i) Recovery of funds. The commissioner may audit the use of grant funds and may recover funds against any state provided funds.

Source Note: The provisions of this §102.1054 adopted to be effective July 31, 2008, 33 TexReg 5925