Chapter 89. Adaptations for Special Populations
Subchapter EE. Commissioner's Rules Concerning the Communities In Schools Program


Statutory Authority: The provisions of this Subchapter EE issued under the Texas Education Code, 33.154 and §33.156, unless otherwise noted.


89.1501. Definitions.

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

(1)  Case-managed student--A student who is assessed to be in need of and receives Communities In Schools (CIS) services to address academic, attendance, behavior, retention, graduation, or social service needs related to improving student achievement according to the requirements in the grant application.

(2)  Communities In Schools program--The statewide exemplary youth dropout prevention program authorized under the Texas Education Code (TEC), Chapter 33, Subchapter E (Communities In Schools Program).

(3)  Developing program--An entity funded through the replication process for the purposes of establishing and implementing a local CIS program within a four-year period following the requirements in the grant application.

(4)  Eligible student--A student at risk of dropping out of school as defined under the TEC, 33.151(4)(A)-(C), or a student who exhibits delinquent conduct as defined by the Texas Family Code, 51.03.

(5)  Expansion--The process of a local CIS program establishing CIS services on a new school campus or in a new school district or expanding services to serve additional students on existing campuses, resulting in an increase of students served.

(6)  Fiscal year--A one-year period beginning on September 1 of a calendar year and continuing through August 31 of the next calendar year.

(7)  Local CIS program--A Communities In Schools 501(c)(3) non-profit organization established in accordance with the program model and state guidelines authorized by state law to operate for the purposes stated in paragraph (2) of this section and meeting all the requirements in the grant application for establishing a local CIS program.

(8)  Replication--The process of establishing a new local CIS program in an area of the state designated by the Texas Education Agency to be an area of critical need for a local CIS program.

(9)  Special initiative--The implementation of a specialized activity to address dropout prevention within the context of the CIS model.

(10)  Total Quality Systems (TQS)--A comprehensive set of board, general organization and business, and site standards to reinforce CIS' commitment to evidence-based practice and accountability throughout the network. A local CIS program will undergo a TQS accreditation process from the CIS national office as required in the grant application.

Source: The provisions of this 89.1501 adopted to be effective July 4, 2005, 30 TexReg 3867; amended to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820.


89.1503. Funding.

(a)  Equitable funding formula. As authorized by the Texas Education Code (TEC), 33.156, the Texas Education Agency (TEA) shall establish the funding of local Communities In Schools (CIS) programs in accordance with this section. State and federal funds remaining after allocations described in subsection (c)(1) of this section shall be allocated to local CIS programs.

(b)  Developing programs.

(1)  A developing program shall receive a funding amount each year for no more than four years, including the first-year start up funding.

(2)  A developing program that has met all the requirements for establishing a local CIS program before the fourth year may request to be considered as a local CIS program for funding determined under subsection (c)(2) of this section if approved by the TEA.

(c)  Allocation.

(1)  Annually, after federal and state funds for the CIS program have been set aside for administration, no more than 10% may be allocated for the following:

(A)  CIS database development and maintenance;

(B)  competitive grant opportunities for special initiatives in accordance with subsection (e)(2) of this section; and

(C)  state leadership activities benefitting local CIS programs in accordance with 89.1509(c) of this title (relating to Other Provisions).

(2)  Local CIS programs shall receive a funding amount each year to be allocated based on the following criteria:

(A)  an equal base amount of funds, as determined by the TEA;

(B)  no less than 50% nor more than 80% of the specified funding amount based on the relative proportion of the number of case-managed students to be served by each local CIS program to the total number of case-managed students to be served by all local CIS programs;

(C)  no more than 25% of the specified funding amount based on performance benchmarks, as determined by the TEA; and

(D)  no less than 5.0% nor more than 15% of the specified funding amount based on the weighted financial resources of the individual communities and school districts, if less than the average financial resources of all school districts participating in the program.

(i)  Data elements used for calculation of the financial resources allocation. Weighted financial resources will be determined using the following data elements for the first year of the preceding biennium:

(I)  taxable property values determined in accordance with Government Code, Chapter 403, Subchapter M, for school districts listed in each program's current grant application;

(II)  weighted average daily attendance (WADA), as reported by the school districts and verified by the TEA, in school districts listed in each program's current grant application; and

(III)  the number of eligible students at the campus level, as reported by the school districts and verified by the TEA, in school districts listed in each program's current grant application.

(ii)  Method used for calculation of the weighted financial resources. Weighted financial resources of a local CIS program are calculated in the following way.

(I)  The weighted average taxable property value per WADA (wealth per WADA) for all local CIS programs is determined by first multiplying the wealth per WADA for each district within the CIS program by the district's WADA, summing the results for all districts, and then dividing the resulting sum by the total WADA in the CIS program.

(II)  The average wealth per WADA for all CIS programs is then calculated.

(III)  A local CIS program with a below-average wealth per WADA receives weighted financial resources. The weighted financial resources for a local CIS program with a below-average wealth per WADA are calculated as follows.

(-a-)  The weighted eligible students number is derived by dividing the eligible students number by the ratio of the local CIS program's wealth per WADA to the average program wealth per WADA.

(-b-)  The weighted eligible students numbers for all programs with a below-average wealth per WADA are summed.

(-c-)  The ratio of each individual program's weighted eligible students to the total weighted eligible students is applied to the total amount allocated for the financial resources allocation. This amount forms the program's financial resources allocation.

(3)  The TEA may choose, for the purpose of minimizing disruption in services as a result of changes in funding allocation, to limit the annual amount of changes in funding allocation from one biennium to the next. This may include limiting the increase or decrease from the prior-year funding to an amount no more than 25% of the change produced by the provisions of this subsection and/or by establishing minimum and maximum funding amounts.

(4)  If there is no increase in the funds appropriated by the General Appropriations Act for the state CIS program, the TEA may choose to maintain CIS program funding allocations at the current level.

(5)  If there is a decrease in the funds appropriated by the General Appropriations Act for the state CIS program, each local CIS program's allocation may be reduced proportionally.

(6)  If a local CIS program declines to accept allocated grant funds, the TEA may competitively redistribute grant funding among participating local CIS programs.

(7)  The TEA may reallocate any funding not used in the first year of the biennium to the second year of the biennium.

(d)  CIS program replication and expansion. Should the legislature authorize an increase in the funds appropriated for the state CIS program or should funds become available because of loss of program funding or grant revocation, the TEA may designate an amount of the increase to be reserved for replication and/or expansion.

(1)  Replication. The TEA may determine and retain a funding amount for replication of the CIS program in areas of the state that are not served by a participating CIS program. Replication funds may be made available through a competitive request for application process or through any other process the TEA deems necessary. First-year replication funding may be a one-time planning grant for the development of a business plan. Any funds not used for replication may be used for expansion.

(2)  Expansion. The TEA may determine and retain a funding amount for expansion of the CIS program using any one or a combination of the funding methods specified in subparagraphs (A)-(D) of this paragraph, in addition to allocation of funds in accordance with subsection (c)(2)(A), (C), and (D) of this section. Funds allocated for expansion will become part of the funding allocation.

(A)  Proportion of eligible students. An amount determined by the TEA may be distributed to each local CIS program based on the relative proportion of the number of eligible students attending school districts served by the respective program to the number of eligible students in all districts served by the CIS program. Funds provided to local programs for expansion must be used to serve the district(s) for which the program received expansion funding.

(B)  Proportion of total case-managed students. An amount determined by the TEA may be distributed to each local CIS program based on the relative proportion of the number of case-managed students as identified in the current year's grant application for each local CIS program to the total number of case-managed students for all CIS programs.

(C)  Program allocation. An amount determined by the TEA may be distributed to each local CIS program based on the ratio of the total amount of grant funding allocated to the local CIS program to the total amount of grant funding allocated to all local CIS programs.

(D)  Competitive process. Funds may be distributed through a competitive request for application process.

(E)  Decline of expansion funds. If a local CIS program declines to accept grant funds for the expansion of a program, the total amount of grant funding available for expansion will be redistributed in accordance with this paragraph among local CIS programs participating in expansion activities.

(e)  Availability of additional funding opportunities. Pursuant to the TEC, 33.154(a)(7)(C), the TEA will make available to local CIS programs and developing programs information regarding state and federal grant opportunities.

(1)  Other funding. Should other funding sources become available for CIS, these funds may be made available for replication, expansion, and/or special initiatives and allocated through such processes as the TEA deems appropriate to include the funding methods in subsection (d) of this section.

(2)  Special initiatives. If the TEA partners or contracts with other agencies or entities to implement special initiatives, activities, or programs that support dropout prevention efforts, local CIS programs will have the discretion of whether to participate in the special initiatives. Selection of local CIS programs for participation may be determined by the TEA and the partner, or contractor, depending on the variables of the initiative. Notwithstanding funds appropriated by the General Appropriations Act for the state CIS program, the TEA may designate no more than 10% for competitive grant opportunities for special initiatives in accordance with subsection (c)(1)(B) of this section.

(f)  Funding plan. Each local CIS program shall develop a funding plan addressing the local, state, and federal resources available to ensure that the level of service is maintained and describing how those resources will be coordinated to continue delivery of CIS services in the region if state funding is reduced.

Source: The provisions of this 89.1503 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820.


89.1504. Demonstration of Community Participation.

(a)  Pursuant to the Texas Education Code, 33.156, each local Communities In Schools (CIS) program must provide cash or in-kind contributions to operate the CIS program in an amount equal to at least 25% of the total funding allocated to the local CIS program by the Texas Education Agency (TEA). The contribution may be met using private, local, state, or federal sources.

(b)  In-kind contributions may include the use of facilities, office space, and equipment and the provision of administrative services, program services, and supplies.

(c)  The TEA may choose not to award funding to a local CIS program if the TEA determines that the total estimated allocation by the TEA and the local CIS program's matching contribution of 25% is insufficient to adequately serve the required number of case-managed students as determined in 89.1507 of this title (relating to Case-Managed Students).

Source: The provisions of this 89.1504 adopted to be effective December 27, 2011, 36 TexReg 8820.


89.1505. Eligibility and Grant Application.

(a)  Applicants eligible to receive grant funds are:

(1)  as specified in the Texas Education Code, 33.152, local Communities In Schools (CIS) programs established under the Texas Labor Code, Chapter 305, as it existed on August 31, 1999, and its predecessor statute, the Texas Unemployment Compensation Act (Article 5221b-9d, Vernon's Texas Civil Statutes); and

(2)  developing programs as defined in 89.1501(3) of this title (relating to Definitions).

(b)  A local CIS program or a developing program must submit a grant application each year in accordance with procedures established by the commissioner of education.

(c)  To remain eligible for grant funding, a local CIS program or a developing program must meet all deadlines and requirements set forth in 89.1511 of this title (relating to Performance Standards and Revocation of Grant Award) and in the grant application.

Source: The provisions of this 89.1505 adopted to be effective February 26, 2009, 34 TexReg 1237.


89.1507. Case-Managed Students.

(a)  Each local Communities In Schools (CIS) program is required to serve each year a specific number of case-managed students, as defined in 89.1501(1) of this title (relating to Definitions). The specific number of case-managed students to be served will be identified in each annual grant application.

(b)  Each local CIS program may be required to serve an increased number of case-managed students if the Texas Education Agency (TEA) receives an increase in the funds appropriated in the General Appropriations Act for the CIS program and/or if the performance measure related to the number of case-managed students served is increased.

(c)  To determine an increase in the number of case-managed students to be served by each local CIS program, the TEA will use the number of case-managed students as determined in the current year's grant application and apply one of the following calculations:

(1)  the relative proportion of the number of eligible students attending school districts served or to be served by the respective local CIS program to the number of eligible students in all districts served or to be served by all CIS programs; or

(2)  the relative proportion of the specified number of case-managed students for the respective local CIS program as identified in the current year's grant application to the total number of case-managed students for all CIS programs.

(d)  Each local CIS program may be allowed to serve a decreased number of case-managed students if the TEA receives a decrease in the funds appropriated in the General Appropriations Act for the CIS program. The specific number of case-managed students to be served if funding is decreased will be identified in each annual grant application.

Source: The provisions of this 89.1507 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820.


89.1509. Other Provisions.

(a)  Pursuant to the Texas Education Code (TEC), 33.154(a)(7)(A), the Texas Education Agency (TEA) will develop a resource development plan in collaboration with the Communities In Schools (CIS) State Advisory Committee that includes development of statewide partnerships and outreach to local businesses.

(b)  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.

(c)  Pursuant to the TEC, 33.154(a), the TEA may contract with entities, including nonprofit organizations, to assist in performing state leadership activities in accordance with 89.1503(c)(1)(C) of this title (relating to Funding). State leadership activities may include the following activities:

(1)  coordinating the efforts of the CIS program with other social service organizations and agencies and with public school personnel to provide services to students who are at risk of dropping out of school or engaging in delinquent conduct, including students who are in family conflict or emotional crisis;

(2)  promoting and marketing the program in communities in which the program is not established;

(3)  helping communities that want to participate in the program establish a local funding base;

(4)  providing training and technical assistance for participating communities and programs;

(5)  encouraging local businesses to participate in the CIS program; and

(6)  seeking additional resources from federal, state, local, and private sources to support local CIS programs.

Source: The provisions of this 89.1509 adopted to be effective February 26, 2009, 34 TexReg 1237; amended to be effective December 27, 2011, 36 TexReg 8820.


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 will receive grant funding based only on the number of case-managed students the program actually served in that given year.

(2)  Following the end of a given school year (Year 1), a local CIS program that fails to serve the number of case-managed students identified in its grant application must submit to the Texas Education Agency (TEA) a letter of explanation detailing the reasons the local CIS program did not serve the number of case-managed students indicated in its grant application. Additionally, a Program Improvement Plan (PIP) detailing how the CIS program will reach the Year 1 target by the end of the second school year (Year 2) is 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)  a list of the proposed strategies and initiatives that will be implemented to meet the case-managed student target;

(E)  a list of the timelines for each proposed strategy and initiative; and

(F)  a list of fiscal, logistical, and human resources to be used to meet the case-managed student target.

(3)  A local CIS program that fails to meet the Year 1 target for case-managed students in Year 2 will:

(A)  receive payment only for the number of case-managed students the program actually served;

(B)  have its grant application modified to reflect a decreased number of case-managed students and decreased funding for Year 3; and

(C)  be placed on probation for Year 3.

(4)  A local CIS program placed on probation:

(A)  must update its PIP to show how it will modify its program to meet the Year 3 case-managed student target; and

(B)  will not qualify for any increases in grant awards. The commissioner may waive this requirement if the local CIS program fails to meet its case-managed student target as a result of circumstances, such as a natural disaster, beyond the program's control.

(5)  A local CIS program that fails to meet its Year 3 case-managed student target by the end of Year 3 may have its grant award non-renewed or revoked.

(6)  A local CIS program that successfully reaches its Year 3 case-managed student target at the end of Year 3 will be removed from probation.

(7)  A local CIS program may have its grant award non-renewed or revoked if it fails to meet its case-managed student target as identified in the grant application for four years out of a five-year period.

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

(1)  In accordance with the Texas Education Code (TEC), 33.154(a)(2), performance standards are established for local CIS programs in the objective areas of academic achievement, attendance, behavior, dropout rates, graduation, and promotion/retention.

(2)  Each local CIS program must meet the performance standards stated in its grant application each year.

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

(4)  A local CIS program that fails to meet performance standard(s) in any objective area within a 5.0% variance must submit to the TEA a letter of explanation detailing the reasons the program was unable to meet state established performance standard(s). Additionally, a PIP detailing how the CIS program will reach the performance standard by the end of the next grant year period is required. The PIP shall include the following:

(A)  local program contact information;

(B)  a list of the objective area(s) and the performance standard(s) as listed in the grant application;

(C)  a list of the actual standard(s) met for each objective area(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)  a list of the timelines for each proposed strategy and initiative; and

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

(5)  The TEA will review PIPs within 30 days of receipt.

(6)  A local CIS program that fails to meet the performance standard in the same objective area for academic achievement, attendance, or behavior for Year 2 or two consecutive years must submit an updated PIP for approval by the TEA and may not be eligible for additional CIS funding opportunities outside of the CIS grant allocation described in 89.1503 of this title (relating to Funding). A local CIS program that fails to meet the performance standard in the same objective area for dropout, graduation, and promotion/retention for Year 2 or two consecutive years will be placed on probation for Year 3.

(7)  A local CIS program placed on probation:

(A)  must update its PIP to show how it will modify its program to meet the Year 3 performance standards; and

(B)  will not qualify for any increases in grant awards. The commissioner may waive this requirement if the local CIS program fails to meet its performance standards as a result of circumstances, such as a natural disaster, beyond the program's control.

(8)  A local CIS program that fails to meet the Year 3 performance standard in the same objective area for academic achievement, attendance, or behavior by the end of Year 3 must submit an updated PIP for approval by the TEA and may not be eligible for additional CIS funding opportunities outside of the CIS grant allocation described in 89.1503 of this title. A local CIS program that fails to meet the Year 3 performance standard in the same objective area for dropout, graduation, and promotion/retention by the end of Year 3 may have its grant award non-renewed or revoked.

(9)  A local CIS program may have its grant award non-renewed or revoked if it fails to meet the performance standard in the same objective area for dropout, graduation, and promotion/retention as identified in the grant application for four years out of a five-year period.

(c)  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) of this section.

(d)  Total Quality Systems (TQS) accreditation.

(1)  Each local CIS program must be TQS accredited by October 31, 2015, as required in the TEA grant application.

(2)  A local CIS program that does not sustain TQS accreditation must develop and submit a TQS work plan for approval by the TEA which details the steps to correct identified TQS standards for the following two grant years. The TQS work plan shall be in a format determined by the TEA.

(3)  A local CIS program that does not correct the identified TQS standards at the end of Year 2 must submit a revised work plan to the TEA for the following grant year.

(4)  A local CIS program that does not correct the identified TQS standards at the end of Year 3 may have its grant award non-renewed or revoked for Year 4.

(e)  Revocation of grant award.

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

(A)  failure to serve the number of case-managed students identified in its grant application for three consecutive years;

(B)  failure to meet the performance standard in the same objective area for dropout, graduation, and promotion/retention within a 5.0% variance as identified in the local CIS program's grant application for three consecutive years;

(C)  consistently failing to serve the target number of case-managed students and meet the performance standard in the same objective area for dropout, graduation, and promotion/retention within a 5.0% variance as identified in its grant application for four years out of a five-year period; or

(D)  failure to correct the identified TQS standards for three consecutive years.

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

(A)  non-compliance with application assurances;

(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.

(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: 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.


For additional information, email rules@tea.state.tx.us.