SECTION 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) 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 may receive a reduced case-managed student target the following grant year and a proportional reduction in funding.

(2) A local CIS program that exceeds the required maximum number of case-managed students per site staff member as determined in the grant application may receive a reduced case-managed target and a proportional reduction in funding.

(3) Following the end of a given school year, a local CIS program that fails to serve the number of case-managed students identified in its grant application or fails to meet the ratio of students per site staff member on at least one campus as established in the grant application must submit to the Texas Education Agency (TEA) a Program Improvement Plan (PIP) detailing how the CIS program will reach the case-managed student target or reduce the ratio as required. The PIP must include the following:

(A) local program contact information;

(B) the number of case-managed students listed in the grant application;

(C) the actual number of case-managed students served;

(D) an explanation detailing the reasons the local CIS program did not serve the number of case-managed students indicated in its grant application or exceeded the maximum ratio of students per site staff member on at least one campus;

(E) a list of the proposed strategies and initiatives that will be implemented to meet the case-managed student target or reduce the ratio of students per site staff member;

(F) timelines for each proposed strategy and initiative, including how the effectiveness of each strategy will be monitored, who will monitor each strategy, and when monitoring will occur; and

(G) a list of fiscal, logistical, and human resources necessary to meet the case-managed student target or maximum ratio of students per site staff member.

(4) A local CIS program may have its grant award non-renewed, reduced, or revoked if it fails to meet its case-managed student target or the ratio of students per site staff member as identified in the grant application for three years out of a four-year period.

(b) Performance standards for a local CIS program regarding state targets in academic achievement, behavior, dropout rates, graduation, and promotion/retention.

(1) In accordance with the Texas Education Code (TEC), §33.154(a)(2), performance standards that consider student academic achievement, behavior, dropout rates, graduation, and promotion/retention shall be established for local CIS programs within the annual grant application.

(2) Each local CIS program shall report data to the TEA that indicates performance on the established standards. Pursuant to the TEC, §33.154(a)(7)(B), each school district that participates in a CIS program shall provide to the local CIS or developing program necessary student information and data for each student whose parent or legal guardian has authorized in writing that educational records be shared with the CIS program and the TEA. Such information and data may include records on a student's academic achievement, promotion, attendance, disciplinary referrals, free/reduced-price lunch status, at-risk status, or health-related information in accordance with the written authorization obtained by the local CIS program from the student's parent or legal guardian. A local CIS program or developing program may provide this information and data to the TEA in accordance with the grant application.

(3) Local CIS programs shall report student growth performance standards using the indicators outlined in the grant application.

(4) The TEA shall notify local CIS programs that did not meet performance standards in any area, within a 5.0% variance, following the end of each school year.

(5) A local CIS program that fails to meet performance standard(s) in any area within a 5.0% variance must submit to the TEA a PIP detailing how the CIS program will improve in the performance standard by the end of the next grant year period. The PIP shall include the following:

(A) local program contact information;

(B) a list of the performance standard(s) as listed in the grant application with the program's associated performance percentages;

(C) an explanation detailing the reason(s) the local CIS program did not meet the performance standard(s);

(D) a list of the proposed strategies and initiatives that will be implemented to meet the performance standard(s) that were not met;

(E) timelines for each proposed strategy and initiative, including how the effectiveness of each strategy will be monitored, who will monitor each strategy, specific data to be reviewed, and when monitoring will occur; and

(F) a list of fiscal, logistical, and human resources necessary to reach the performance standard(s).

(6) The TEA will review and provide feedback on PIPs.

(7) TEA reserves the right to create an Action Plan to address deficiencies in grantee performance. The Action Plan would set forth actions aligned to the expectations within the CIS Grant Program Guidelines.

(d) 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)(2) of this section.

(e) Revocation of grant award.

(1) The commissioner may deny renewal of or future eligibility for the grant award of a local CIS program based on any of the following:

(A) non-compliance with the grant application assurances and/or requirements;

(B) failure to improve after being placed on a PIP for three consecutive years; or

(C) failure to comply with a TEA Action Plan.

(2) The commissioner may deny renewal of or revoke the grant award of a developing program based on any of the following:

(A) non-compliance with the grant application assurances and/or requirements;

(B) lack of program success as evidenced by progress reports and program data;

(C) failure to meet performance standards specified in the application; or

(D) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the developing program.

(3) A decision by the commissioner to deny renewal or revoke authorization of a grant award is final and may not be appealed.

(4) Revoked funds may be used for CIS program replication and/or expansion in accordance with §89.1503(d) of this title (relating to Funding).

(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; amended to be effective September 13, 2016, 41 TexReg 7086; amended to be effective July 13, 2021, 46 TexReg 4141