2022-2023 Near Final and 2023-2034 Preliminary Summary of Finance Reports
Subscribers to the Public School Funding Updates should review the September 18, 2023, listserv message with the Subject: SY23 NF and SY24 Preliminary SOF Report for the latest information on recent Summary of Finances updates. Subscribe to Public School Funding Updates here: https://public.govdelivery.com/accounts/TXTEA/subscriber/new
2023-2034 Foundation School Program (FSP) Six-Week District Summary Report Deadline
Submit Six-Week District Summary Attendance Reports in the FSP Application System no later than ten calendar days after the latest campus track end date of the six-week period.
The Student Attendance Accounting Handbook (SAAH; Section 2.3.3) provides the compliance requirement: “Charter schools are required to submit six-week District Summary Report data via the FSP payment system.” Compliance with the submission requirement is critical to ensure the appropriate flow of Foundation School Fund payments.
Delay in 2023 A–F Academic Accountability Ratings
As communicated previously, issuance of A–F ratings this year was already planned to be delayed from the typical mid-August release date due to the standards-setting process required with the redesign of STAAR. Based on timelines published previously, ratings were to be issued publicly on September 28, 2023.
The A–F accountability system itself is also being refreshed this year, with some changes to cut points and some changes to indicator methodology. For more than a year, the Texas Education Agency (TEA or agency) has publicly shared timelines and preliminary frameworks related to the A–F refresh.
As part of the refresh, in January 2023, TEA published proposed cut points and updates to the previously published methodology changes, noting some areas of change and some areas which remain unchanged. Those details included information about changing methods and cut scores to be used in calculating student growth on STAAR. Feedback obtained to that point included recommendations to appropriately account for the impact of COVID-19 in evaluating new baseline data, so the agency proposed setting growth cut scores using a baseline of the average level of student growth for the 2018–19 and 2021–22 school years.
However, since that time, statewide growth data for the 2022–23 school year has become available. Analysis of that growth data shows that the 2021–22 growth was more anomalous than expected, so setting baselines that partially incorporate data from the 2021–22 school year may not adequately take into account the impact of COVID-19.
As a result, the agency will be delaying the issuance of the final rule for the accountability manual and delaying the issuance of ratings to conduct further analyses of the growth data to inform cut scores in Domain 2a-Academic Growth, and Domain 3-Closing the Gaps.
Besides changes to growth cut scores, the agency will be incorporating a few additional changes in its final rule based on other feedback gathered during the rulemaking comment period:
- Alternative Education Accountability (AEA) STAAR Methodology: Within Domain 1, update the STAAR methodology for AEA campuses to better reflect the intention of AEA Taskforce recommendations.
- Minimum Indicators for Student Achievement Domain Score: STAAR Component Only: Within Domain 3, reduce minimum number of indicators from four to three to allow campuses with only one lowest performing racial/ethnic group to be evaluated.
- English Language Proficiency: Within Domain 3, allow progress in TELPAS Writing to count towards the current calculation.
- Identification of Schools for Improvement: Additional Targeted Support (ATS) campuses will be identified based on student groups’ performance relative to the cut point established for Comprehensive Support and Improvement (CSI) campus identification (bottom 5% of Title I schools’ Closing the Gaps Scale Scores, by school type).
The agency is not considering other changes for the final rule from what was published in the proposed rule.
TEA anticipates the additional growth analysis will delay the issuance of final rules and ratings by approximately one month, and the agency will provide specific dates for 2023 ratings release at least two weeks ahead of the release of public ratings.
School Improvement
Once specific dates for 2023 ratings are available, TEA’s School Improvement Division will also be providing revised timelines for targeted improvement plan submissions and grant funding for eligible identified campuses.
Results Driven Accountability
The 2023 Accountability Manual will also incorporate a chapter on Results Driven Accountability (RDA), which has historically been a standalone manual. The delay in the issuance of the final rule will also cause delays in RDA determinations and the required actions stemming from the determinations.
Background on the Periodic Update of A–F Indicators and Cut Points
Prior to 2017, cut points and indicators in the accountability system were updated annually, preventing school systems from easily comparing year-over-year performance in reaching goals for students across the state. Since the passage of House Bill (HB) 22 in 2017, state law requires cut points and indicators in the accountability system to be updated periodically, not necessarily annually, to achieve the statutory goals of reducing achievement gaps and ensuring Texas is a national leader in preparing students for postsecondary success. Given this policy change, cut points and indicators in the A–F system have remained largely unchanged since 2017.
This approach of holding cut points and indicators constant for the last five years was maintained even though the agency received consistent feedback about needed changes in the system design – especially with regard to district rating methodology. In addition, the underlying performance of schools across the state would have warranted some annual cut point increases – especially with regard to college, career, and military readiness. Rather than making those changes in prior years, the system remained static, and instead changes are being made only once over a five-year period.
Given the statutory shift to periodic, rather than annual, updates, the last five years have provided educators an effective way to discern year-over-year continuous improvement. But during the refresh year, with a variety of changes being made to the A–F system ratings methodology, there is a greater need to communicate about the changes, so the agency has provided communications resources this year designed to help inform educators and the public that year-over-year comparisons are more difficult this year. To help provide a year-over-year comparison, “what if” re-evaluations will also be publicly released using last year’s data and this year’s cut points and methodology.
For similar reasons stemming from the HB 22 (85R) statutory changes, indicators and cut points established in the refresh will remain largely unchanged for approximately the next five years, so the refresh establishes a new five-year baseline. Also of note, under more recent statutory changes, A–F ratings are required to be issued statewide each year; the commissioner of education is no longer permitted to consider the use of “Not Rated” on a statewide basis, even as part of a transition in the accountability system.
For more information about the A–F Refresh, please visit the 2023 Accountability Development Materials webpage. Please direct questions to the Performance Reporting Division at (512) 463-9704 or performance.reporting@tea.texas.gov.
Contact Information
For more information, please contact the Statewide Title I Parent and Family Engagement Initiative at T1PFE@esc16.net.
Emergent Bilingual Support Division Webinars
2023-2024 Emergent Bilingual Support Division Zoom Meetings
Education Service Centers, School District staff, and Open-Enrollment Charter School staff are invited to attend!
Please contact your local ESC panelist with questions before the EB Support Division Webinars.
Topic: EB Division Webinar
Date: Friday, October 13, 2023
Time: 9:00 a.m. – 11:00 a.m.
Resources: 10/13/23 Registration
Topic: EB Division Webinar
Date: Friday, November 3, 2023
Time: 9:00 a.m. – 11:00 a.m.
Resources: 11/3/23 Registration
Topic: EB Division Webinar
Date: Friday, January 12, 2024
Time: 9:00 a.m. – 11:00 a.m.
Resources: 1/12/24 Registration
Topic: EB Division Webinar
Date: Friday, February 2, 2024
Time: 9:00 a.m. – 11:00 a.m.
Resources: 2/2/24 Registration
Topic: EB Division Webinar
Date: Friday, March 1, 2024
Time: 9:00 a.m. – 11:00 a.m.
Resources: 3/1/24 Registration
Topic: EB Division Webinar
Date: Friday, April 5, 2024
Time: 9:00 a.m. – 11:00 a.m.
Resources: 4/5/24 Registration
Topic: EB Division Webinar
Date: Friday, May 17, 2024
Time: 9:00 a.m. – 11:00 a.m.
Resources: 5/17/24 Registration
Topic: EB Division Webinar
Date: Friday, June 7, 2024
Time: 9:00 a.m. – 11:00 a.m.
Resources: 6/7/24 Registration
Please send any questions to Englishlearnersupport@tea.texas.gov
Upcoming Opportunities from the Office of Special Populations and Monitoring
Communities of Practices (CoPs)
As we go into a new school year, the TEA Emergent Bilingual Support Division will be launching 2 brand new Communities of Practice (CoPs) based on the feedback of educators across the state. Both the Leadership Systems of Support CoP and Effective Program Monitoring CoP will meet five times over the course of the school year. Please click on the hyperlinked titles to see those dates and time and then click “Register Now” to join the opportunity to engage with other educators across the state. As a reminder, please reiterate to interested LEAs that the CoPs are opportunities for networking and sharing resources. The TEA and any ESC staff who attend are facilitators of discussion and collaboration. These are not sessions where TEA is leading the creation of work or sharing new information. The idea is to grow capacity and collaboration across this huge state.
Leadership Academy
Join the TEA Emergent Bilingual Support Division as they host the 2nd annual Leadership Academy. This year, the Leadership Academy is being delivered in a 3-part series that will provide guidance and resources that are timely at those points of the school year. Don’t miss this opportunity check out our Leadership Academy Series flyer for additional information and how to register.
Texas SPED Support
The Texas SPED Support website is now LIVE! Visit www.spedsupport.tea.texas.gov today to access valuable resources for educators and administrators supporting students served through special education. Follow your favorite topics, and stay informed with notifications about new resources.
UPDATE: STAAR Alternate 2 Participation Requirements
Based on information from the U.S. Department of Education, the Student Assessment and Special Education Divisions of the Texas Education Agency (TEA) have been working together to update the STAAR Alternate 2 documents and trainings to ensure all students are appropriately assessed. As a result, TEA has updated the STAAR Alternate 2 Participation Requirements for the 2023–2024 school year. The updated participation requirements are posted on the STAAR Alternate 2 Resources webpage.
House Bill (HB) 3928
House Bill 3928 was passed by the 88th Texas Legislature (Regular Session) and impacts dyslexia evaluation, identification, and services. The agency has created resources to assist with the implementation of HB 3928. Please visit the TEA Dyslexia and Related Disorders website to access the following resources:
- HB 3928 FAQs: Dyslexia Evaluation, Identification, and Instruction
- IDEA Rights Overview Form (English and Spanish)
- TAA HB 3928: Dyslexia Evaluation, Identification, and Instruction
- Appendix A: Dyslexia Handbook FAQ (English and Spanish)
- Brief overview video of the bill
Support for Struggling Readers
TEA has provided funding for all K-12 public and open enrollment schools to support struggling readers with the Learning Ally Audiobook Solution. This September, Learning Ally will be rolling out two new incentives designed to help maximize the power of the Audiobook Solution - at no cost to your school or district!
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Learning Ally’s Texas Student Orientation: provides students with hands-on knowledge of how to use the Learning Ally Audiobook Solution. Students will explore how to search for age-appropriate books, add them to bookshelves, set reading goals, and begin reading.
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Learning Ally’s Educator Rapid Coaching Session: A 30-minute educator support class, a Learning Ally Coach will guide educators in a workshop-style environment through setting up educator dashboards, assigning books to students, and monitoring progress. Educators will have the opportunity to ask questions and get support. Limit 20 educators per session.
Level the playing field for your students at NO INCREMENTAL COST to your school or district.
2023-2024 Physical Fitness Assessment
The Texas Education Code, Sections 38.101 and 38.103 , requires that each school district and charter school annually assess the fitness level of all public school students in grades 3–12 enrolled in physical education course or any physical education substitute course or activity. School districts and open-enrollment charter schools are required to submit the results of the physical fitness assessment to the Texas Education Agency (TEA) each school year through one of three options, FitnessGram®, the Physical Fitness Assessment Initiative (PFAI) application, or other vendor collection tool.
Please note that for any of the options selected, the deadline to submit fitness assessment results for the 2023-2024 school year is on or before 5:00 pm (CDT) on June 14, 2024.
Option 1: FitnessGram
TEA is pleased to announce that it has entered into a contract with Greenlight Fitness to provide a statewide site license for FitnessGram at no cost to qualifying schools for the 2023–2024 school year. Campus site licenses for the FitnessGram software are paid with funds allocated to the Physical Fitness Assessment Initiative by the Texas Legislature. Districts that select this option must renew their site license annually and report student physical fitness assessment data only through the FitnessGram software. No additional information will need to be submitted directly to TEA.
Registration information for the FitnessGram license will be made available September 5, 2023. Please visit https://help.fitnessgram.net/texas/ for instructions and registration information. The last day to register for a FitnessGram site license for 2023–2024 is on or before 5:00 pm (CDT) on June 7, 2024.
For technical assistance questions, please call 1-866-211-2718 or email support@fitnessgram.net. You may also visit https://help.fitnessgram.net/texas/.
Option 2: Physical Fitness Assessment Initiative (PFAI) Application
For districts that choose to use the PFAI application, the PFAI tool will open for data collection in January 2024. To submit data, districts are required to have a TEA Login (TEAL) account with access to the PFAI application. Information and resources, which include a PFAI Quick Start Guide, PFAI File Information and Upload Help Template, PFAI Data Template Spreadsheet, and PFAI Data Submission FAQs, have been posted to the Physical Fitness Assessment Initiative web page to assist districts with a successful data submission.
Questions related to the PFAI application may be directed to TEA by telephone at (512) 463-9581 or by email at pfaiprogramsupport@tea.texas.gov.
Option 3: Other Vendor Collection Tools
Districts and charter schools are always free to choose other tools for the collection of physical fitness assessment data at local expense. Please note that with this option, the only way to successfully meet the requirement of reporting data to the agency is by submitting the data from the selected tool to TEA via the PFAI application. See the PFAI application above for details.
Reminders from Past TAAs
School Health and Related Services (SHARS) Reporting Requirement
To conduct IDEA-B LEA maintenance of effort (MOE) compliance reviews, TEA must know how LEAs and fiscal agents expended any reimbursements they received under the School Health and Related Services (SHARS) program.
All LEAs that received IDEA-B grant funding in the 2022–2023 school year must therefore submit the School Health and Related Services Survey, regardless of whether they received SHARS reimbursements.
SHARS and IDEA-B LEA MOE
The SHARS program allows Texas LEAs to request Medicaid reimbursement for certain health related services provided to students with disabilities.
In accordance with Title 34 of the Code of Federal Regulations (34 CFR) §300.154(g)(2), if an LEA spends SHARS reimbursements for state and local expenditures for special education services, those subsequent expenditures must be excluded for IDEA-B LEA MOE purposes from the final calculation of state and local expenditures.
Survey Access and Deadline
TEA has developed a SHARS Reimbursement Survey to collect this information. The survey is also available on the SHARS and IDEA-B LEA MOE Guidance page of the TEA website.
Refer to these SHARS Survey Instructions for information on how to access and submit the survey by the November 3, 2023, deadline.
For Further Information
The IDEA-B LEA MOE page of the TEA website provides links to the SHARS and IDEA-B LEA MOE Guidance page, to SHARS guidance, and to the IDEA-B LEA MOE Guidance Handbook.
If you have further questions about the Special Education Fiscal Compliance Survey reporting requirement, please contact the Federal Fiscal Compliance and Reporting Division at compliance@tea.texas.gov.
House Bill (HB) 1605 Webinar Series and Proclamation 2024 Update
While the Texas Education Agency (TEA) works to update all impacted technical assistance resources and web pages, be aware that the bill was signed into law on June 13, 2023, and portions of the law apply beginning with the 2023–2024 school year. The SBOE’s proposed timeline for its required changes will be communicated as that timeline is determined and communicated to TEA.
SBOE Actions
There are three (3) categories of responsibility that the SBOE is charged with implementing in the bill:
- To approve an overall instructional materials review process, to be known as the Instructional Materials Review and Approval (IMRA). Criteria will include:
- Texas Essential Knowledge and Skills (TEKS) coverage
- Quality
- Suitable for grade and subject
- Free from factual error
- No harmful content and other statutory compliance
- Publisher parent portal compliance
- To create a new vocabulary and literary works list addendum for the Reading Language Arts (RLA) TEKS.
- To establish requirements for parent transparency, including a process for local reviews of instructional materials, and a requirement for publishers of newly reviewed and approved instructional materials to make their materials available to parents through an internet portal.
Proclamation 2024
As part of HB 1605, Proclamation 2024 was preserved and will continue as planned. Proclamation 2024 includes a call for materials in science (grades K–12), technology applications (grades K–8), personal financial literacy and economics, and several career and technical education (CTE) courses. The SBOE is scheduled to adopt materials for Proclamation 2024 in November 2023. The adopted materials will go into classrooms in the 2024–2025 school year.
The SBOE does not plan to review materials associated with courses from Proclamation 2024 in the next year using the new IMRA process established by HB 1605. For this reason, LEAs should proceed with plans to adopt materials for use in the 2024–2025 school year. For clarity, this means that science materials adopted by the SBOE during the Proclamation 2024 process (which will likely occur in November 2023) will be the only science materials adopted by the state in the next 24 months. No subsequent approval under the new HB 1605 IMRA process is planned for the near future.
HB 1605 Webinar Series
New funding for SBOE-approved instructional materials under HB 1605 will be accessible after the SBOE completes its initial round of reviews under the new IMRA process. Independent of the new funding, there are some statutory changes in HB 1605 that take effect now that LEAs must follow. TEA is hosting a series of webinars to address components of the bill that are most relevant to LEAs.
Series topics are prioritized by the effective date of sections of the bill and their impact on LEAs. Below is a list of upcoming webinars and registration links:
Topic: House Bill 1605 Overview for Local Educational Agencies
Date: Tuesday, September 26, 2023
Time: 1:00 p.m.
Description: An overview of the major components of HB 1605 and projected timeline of implementation milestones.
Registration: Virtual Webinar Registration Link
Topic: Planning and Non-Instructional Duties of Teachers
Date: Friday, September 29, 2023
Time: 11:00 a.m.
Description: An overview of the statutory protections of planning time for classroom teachers in HB 1605 and guidance on the supplemental duty agreement with a teacher. [Texas Education Code, §11.164 and §21.4045]
Registration: Virtual Webinar Registration Link
Topic: Three-Cueing and Phonics Instructional Materials
Date: Friday, October 6, 2023
Time: 11:00 a.m.
Description: An overview of the prohibition of three-cueing in instructional materials and guidance on how to implement with considerations for House Bill (HB) 3, issued by the 86th Texas Legislature in 2019, which directs all Texas school districts to provide phonics curriculum that uses systematic, direct instruction in kindergarten through third grade to ensure all students obtain necessary early-literacy skills.
Registration: Virtual Webinar Registration Link
TEA recognizes that the impacts of HB 1605 may be significant for some LEAs. While those impacts are analyzed, TEA will provide subsequent communications to support LEAs. TEA has existing resources and web pages that focus on instructional materials review and adoption, and these will be updated as much as possible as the SBOE completes rulemaking procedures for the IMRA process. However, updates cannot be completed for some of these resources until the SBOE rulemaking procedures for the IMRA process have ended.
While the SBOE completes its rulemaking process, it is critical that LEAs comply with HB 1605 requirements and use the webinar series for assistance with implementation.
For questions, please contact the instructional materials inbox at instructional.materials@tea.texas.gov.
Planning for ESSER Closeout
As described in the August 11, 2022, TAA letter, Planning and Use of ESSER Funds, ESSER funding was one-time in nature but included unprecedented flexibility to allow LEAs to plan an effective transition in support of their students. The flexibilities offered by USDE under ESSER do not apply to other federal grant programs and represent an uncommon opportunity to maximize the use of state, local, and federal funding. As the LEA assured TEA in the applications for funding for ESSER II and ESSER III, your local board is aware that the ESSER funds would not be replaced by any future state dollars.
Reclassifying Allowable Costs to ESSER II Grants
To prevent lapsing of ESSER II formula funds, LEAs who are not going to expend their full award within the grant period are strongly encouraged to reclassify expenditures from other federal and state sources. To be eligible for reclassification, the original expense must:
- Have occurred between March 13, 2020, and September 30, 2023;
- Be reasonable and necessary as per federal guidelines;
- Be an allowable ESSER expenditure; and
- Meet the intent of the ESSER statute (must be directly tied to the pandemic).
The following funds may be considered for reclassification to spend down the LEA’s ESSER II grant allocation.
- Previously coded ESSER III activities may be reclassified to ESSER II funds which will free up ESSER III funding for other uses (see the step-by-step video to assist LEAs with completing this process, or for further information, please contact ESSERexpenditures@tea.texas.gov).
- Previously coded state and/or local funds expenditures may be classified to ESSER II funds for allowable activities, such as teacher salaries, to free up local maintenance and operations funds that can be used after ESSER II funds are no longer available.
- Previously coded other federal grant funds may be classified to ESSER II funds which will free up federal funds in the original source. Since any allowable activity under ESSA, IDEA, McKinney-Vento, or Perkins is also allowable under ESSER, any such activity may be considered for reclassification if it was pandemic related.
Please take note of the possible impact on federal maintenance of effort requirements if pursuing any of these options other than reclassifying ESSER III activities to ESSER II.
ESSER II Standard Liquidation Period
Liquidation is the draw-down and expenditure of funds by the subgrantee (LEA) for obligations legally incurred during the grant’s obligation period (March 13, 2020, through September 30, 2023). Timely liquidation occurs during the grant period and the first 90 days after the end of the grant period.
This means all costs under ESSER II must be fully obligated (in accordance with 34 CFR 76.707) for allowable grant uses by Saturday, September 30, 2023. Goods and services obligated by the deadline may continue to be received and paid during the normal 90-day liquidation period (October 1, 2023, through January 2, 2024). TEA then has 30 days to liquidate and closeout all funds for the state.
ESSER II Liquidation Extension
USDE has offered a 14-month extension in addition to the standard 120-day liquidation period. LEAs may request a liquidation extension for certain obligated contracted services costs. Approval would allow the contracted service to continue to be received and paid during the liquidation period extension. Please note that the liquidation extension does not cover all types of costs (e.g., indirect costs, staff salary, or travel) due to the federal rules defining when an obligation was made.
TEA will request the extension for fourteen (14) additional months after the standard liquidation period (until February 28, 2025) on behalf of LEAs that need it. TEA will then have one additional month to liquidate and closeout all LEA grant funds.
Who Should Request the Liquidation Extension
Any LEA who legally obligates ESSER II funds by September 30, 2023, and has a portion of those funds for distinct types of contracted services that will not be fully liquidated (services not received and costs not paid) by January 2, 2024 (the grant’s standard liquidation period) may request the extension. The LEA must be able to describe the contracted service and provide an acceptable justification for needing the extension. Note that needing additional time to expend the funds is not an allowable justification. Allowable justifications include, but are not limited to, supply chain delays, delays in receiving services, or procurement delays.
How to Access and Submit the ESSER II Liquidation Extension Data Collection Tool
An LEA who wishes to request an ESSER II Liquidation Extension from USDE must complete and submit a liquidation extension request form to TEA by November 30, 2023, through the ESSER Compliance WorkApp.
LEAs will see pre-populated data (LEA Name, Grant Award, etc.) and fields that require data to be entered by the LEA. LEAs are required to submit all required information in the data collection tool for the request to be approved by TEA and forwarded to USDE for final review and acceptance. LEAs submitting a request must be available to consult with TEA staff during December 2023.
Limited ESSER Extended Service Pre-payment of Costs Flexibility
USDE has offered unusual flexibility, which may allow for pre-payment for services not yet received where the LEA is unable to liquidate some limited contracted service costs (which were properly and timely obligated by September 30, 2023) during the standard 120-day or extended 14-month liquidation periods. This flexibility is limited to instructional software subscription services that can be justified through internal controls as a prudent business decision to extend beyond the liquidation extension period.
The LEA is required to request the liquidation extension period and liquidate as much of the funding through the extension period as possible before requesting any additional flexibility. Pre-payment of services not received is usually unallowable with federal funds; this potential allowance elevates the LEA’s risk of lapsing funds in the event the vendor is unable to fulfill the pre-paid obligation. With the pre-payment of funds, the LEA cannot re-obligate any lapsed funds and would be required to refund the lapsed amount to TEA for return to USDE.
TEA must pre-approve any such pre-payment requests. If needed, the LEA may contact the TEA Department of Grant Compliance and Administration staff to discuss this flexibility toward the end of the liquidation extension period.
ESSER III Compliance Requirements Ending Soon
The statutory end date of ESSER III is September 30, 2023, with carryover until September 30, 2024. Based on the statutory end date of the ESSER III program, Maintenance of Equity (MOEquity) reporting is no longer required past September 30, 2023. In addition, if the LEA has completed a review, with applicable revision and posting of its Return to In Person Instruction and Continuity of Services (RIPICS) plan within the last six months the bi-annual RIPICS plan review requirement also ends September 30, 2023.
Please note that all ESSER state fiscal and USDE annual reporting requirements continue until all ESSER funds are fully expended and reported.
Key Dates related to ESSER Funding
LEAs should keep in mind the following key dates related to ESSER II and ESSER III funding.
9/30/2023
- End of carryover period for ESSER II funds, last day to legally obligate funds.
- End of statutory performance period for ESSER III; 12-month carryover period is from October 1, 2023, through September 30, 2024.
- Last date LEA is required to have a six-month review and update of ESSER III RIPICS Plan
11/30/2023
ESSER II Liquidation Extension Data Collection due to TEA by 11:59pm CST.
01/02/2024
ESSER II Final Expenditure Report/Revised Final Expenditure Report due.
01/31/2024
USDE must respond to state’s ESSER II Liquidation Extension
07/02/2024
Last day to amend ESSER III Application for Funding
09/30/2024
End of carryover period for ESSER III funds, last day to legally obligate funds.
11/30/2024
Anticipated ESSER III Liquidation Extension Data Collection due to TEA.
01/02/2025
ESSER III Final Expenditure Report/Revised Final Expenditure Report due.
01/31/2025
USDE must respond to state’s ESSER III Liquidation Extension
02/28/2025
End of ESSER II Liquidation Extension Period for approved LEAs.
02/28/2026
Anticipated End of ESSER III Liquidation Extension Period for approved LEAs.
For Further Information
For information and guidance on information contained in this letter, please contact Nick Davis (nick.davis@tea.texas.gov) in the Department of Grant Compliance and Administration.
Sincerely,
Cory Green, Associate Commissioner and Chief Grants Officer
Department of Grant Compliance and Administration
Implementation of Fentanyl-Related Legislation
New fentanyl-related legislation was passed during the 88th Texas Legislature to raise awareness of fentanyl poisonings and to promote prevention efforts. Specifically, students and families need to know that other drugs may contain a deadly level of fentanyl. You cannot see, taste, or smell it. It is almost impossible to tell if another drug is laced with fentanyl unless tested with a fentanyl testing strip. “One Pill Kills” is set up across the state to educate Texans on how to prevent, recognize, and reverse fentanyl poisonings.
The 88th Texas Legislature passed legislation related to fentanyl awareness and education that will impact school health policies and health education beginning with the 2023-2024 school year. The following information provides a summary of new fentanyl-related legislation.
HB 3144
House Bill (HB) 3144 (88th Texas Legislature, Regular Session, 2023) establishes the month of October as Fentanyl Poisoning Awareness Month to increase awareness of the dangers of fentanyl and potential overdoses. Fentanyl Poisoning Awareness Month may be regularly observed through appropriate community activities (Texas Government Code, §662.116). To help school systems plan and prepare to spread awareness during the month of October, the Fentanyl Response Communications Toolkit resources have been updated to support fentanyl poisoning awareness month.
HB 3908
HB 3908 (88th Texas Legislature, Regular Session, 2023), known as Tucker’s Law, adds to the duties of a school health advisory council (SHAC) the requirement to recommend to the local board of trustees the appropriate grade levels and curriculum for instruction in the dangers of opioids, including addiction to and abuse of synthetic opioids such as fentanyl (Texas Education Code (TEC) §28.004(c)).
This legislation also requires the governor to designate a week to be known as Fentanyl Poisoning Awareness Week in public schools to educate students about the dangers posed by the drug fentanyl and the risks of fentanyl poisoning, including overdose. Fentanyl Poisoning Awareness Week may include age-appropriate instruction, including instruction on the prevention of the abuse of and addiction to fentanyl, as determined by each school district.
HB 3908 also adds new TEC, §38.040, which requires each school district and open-enrollment charter school to annually provide to students in grades 6–12 research-based instruction on fentanyl abuse prevention and drug poisoning awareness. The required instruction in fentanyl prevention and drug poisoning awareness must include the following:
- Suicide prevention
- Prevention of the abuse of and addiction to fentanyl
- Awareness of local school and community resources and any processes involved in accessing those resources
- Health education that includes information about substance use and abuse, including youth substance use and abuse
The instruction may be provided by a public or private institution of higher education, library, community service organization, religious organization, local public health agency, or organization that employs mental health professionals or an employee or agent of these entities. A document that identifies the Texas Essential Knowledge and Skills (TEKS) related to drug abuse prevention is available in the Fentanyl Response Communications Toolkit.
Lastly, HB 3908 permits a school district or open-enrollment charter school to satisfy a requirement to implement a program in substance abuse prevention and intervention by providing instruction related to youth substance use and abuse education under the new Fentanyl Prevention and Drug Poisoning Awareness Education requirement provided by TEC, §38.040 (TEC, §38.351(g-1)).
For questions regarding HB 3144 or HB 3908, please email healthandsafety@tea.texas.gov or call the Curriculum Standards and Student Support Division at 512-463-9581.
SB 629
Senate Bill (SB) 629 (88th Texas Legislature, Regular Session, 2023) adds new TEC, Chapter 38, Subchapter E-1, Maintenance, Administration, and Disposal of Opioid Antagonists, establishing requirements for school districts related to opioid antagonists on school campuses. New TEC, §38.222 requires each school district to adopt and implement a policy regarding the maintenance, administration, and disposal of opioid antagonists at each campus in the district that serves students in grades 6–12. The legislation permits districts to adopt and implement such a policy at each campus in the district, including campuses serving students in a grade level below grade 6. School districts are not required to comply with the requirement to adopt and implement a policy on the maintenance, administration, and disposal of opioid antagonists before January 1, 2024.
Additionally, SB 629 permits open-enrollment charter schools and private schools to adopt and implement such a policy. If a charter school or private school adopts such a policy, the school is permitted to apply the policy only at campuses serving students in grades 6–12 or at each campus, including campuses serving students in a grade level below grade 6.
The legislation requires that a policy for the maintenance, administration, and disposal of opioid antagonists must provide that school personnel and volunteers who are authorized and trained may administer an opioid antagonist to a person who is reasonably believed to be experiencing an opioid-related drug overdose. More details regarding policy requirements are addressed in TEC, §38.222.
SB 629 also adds TEC, §38.223 requiring schools with a policy on the administration of opioid antagonists to report certain information no later than the 10th business day after the date a school personnel member or a school volunteer administers an opioid antagonist.
New TEC, §38.224 establishes that each school district, open-enrollment charter school, and private school that adopts a policy regarding the maintenance, administration, and disposal of opioid antagonists is responsible for training school personnel and school volunteers in the administration of an opioid antagonist. For specific information on the training requirements, please see TEC, §38.224.
This legislation permits a physician or person who has been delegated prescriptive authority to prescribe opioid antagonists in the name of a school district, charter school, or private school. A physician or other person who prescribes opioid antagonists must provide a district or school with a standing order for administration of an opioid antagonist to a person reasonably believed to be experiencing an opioid-related drug overdose. For more information regarding prescriptions for opioid antagonists, please see TEC, §38.225.
This legislation became effective June 18, 2023, and requires the executive commissioner of the Health and Human Services Commission to adopt rules related to the maintenance, administration, and disposal of an opioid antagonist. Once effective, the rules can be found by visiting 25 Texas Administrative Code (TAC), Part 1, Department of State Health Services, Chapter 40, Stock Medication in Schools and Other Entities, Subchapter F, Opioid Antagonist Medicine Policies in Schools.
For questions regarding the rules for SB 629, please contact the Department of State Health Services (DSHS) School Health Programs by emailing schoolhealth@dshs.texas.gov. For questions regarding the statutory requirements of SB 629, please email healthandsafety@tea.texas.gov or call the Curriculum Standards and Student Support Division at 512-463-9581.
Extension of Safety and Facilities Enhancement (SAFE) Grant Needs Assessment
The 88th Texas Legislative Session appropriated $800M to support school systems in meeting the adopted School Safety Standards. School systems that have applied for the 2022-2025 School Safety Standards Formula Grant and have not certified compliance with the facility requirements are highly encouraged to complete the Safety Advocacy and Facility Enhancement (SAFE) Needs Assessment.
School systems should include work that was not funded by the Silent Panic Alert Technology Grant or the 2022-2025 School Safety Standards Formula Grant. School systems should complete all survey fields with as much accuracy as possible, indicating actual money spent or contract bid amounts received, as applicable.
Eligibility
See the General and Fiscal Guidelines, Eligibility to Apply for LOIs.
School systems that have applied for the 2022-2025 School Safety Standards Formula Grant and have certified that they are NOT in compliance with the adopted School Safety Standards in Section B of the 2022-2025 School Safety Standards Formula Grant application are eligible for this grant if additional funds are needed to become compliant with required safety standards. If a school system has not certified compliance, but the funds within the current grant opportunity are sufficient to meet the standards, it is not eligible to apply. A school system meeting the above requirement and the enrollment criteria below is eligible to apply for this grant program:
- Public school districts and charter schools with a reported enrollment of at least one student from the October 2021 PEIMS fall snapshot submission will be eligible for funding.
- Any new charter school opening after September 20, 2023 (the date of grant availability) will be ineligible for funding throughout the life of the grant.
- Private schools are not eligible recipients for funding.
The Needs Assessment has been extended one week to September 28, 2023. School systems must complete the Needs Assessment to be considered for funding.
Application
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SAFE Grant Needs Assessment link
- Deadline to submit: Extended to September 28, 2023.
- Note: Once a survey is started, it will remain open for only 48 hours. After 48 hours, the information will be cleared from the survey and the applicant will have to start from the beginning. School systems can download a PDF preview of the survey prior to completing the Qualtrics survey.
SAFE Grant Webinar (NEW)
The Office of School Safety and Security will host a webinar reviewing the eligibility requirements and allowable costs on September 25, at 12:00 p.m. CST.
Register for the Safety and Facility Enhancement (SAFE) Grant webinar.
Additional Supports and Questions
For more information, please visit Superintendent Supports: Safe Schools or email us at safeschools@tea.texas.gov.
House Bill 3 Model Standards for Parental Notification
HB 3 amended the Texas Education Code by adding Section §37.1131 (effective September 1, 2023), which requires each school system to adopt a policy for providing notice regarding violent activity that has occurred or is being investigated at a campus, other school system facility, or at a school system-sponsored activity. The policy must:
- Include electronic notification by text messages (SMS) and email (and may also include social media messaging and notifications and by posting on the school system’s website);
- Provide an option for real-time notification (e.g., robocalls and emergency application alerts); and
- Protect student privacy.
Policies must ensure that school systems notify students, staff, and parents (or those standing in parental relation) of certain incidents in a manner that is timely and provides adequate information for parents to assess the specific situation. Accordingly, notifications should be issued as soon as pertinent information is available.
Policies should not be limited to certain types of activities; however, notification must be issued for every incident that may pose a serious or continuing threat to the campus community. Incidents warranting district or campus-wide notifications should be based on the school system’s community needs. If a policy states that a notification will be issued, the school system must follow that policy. For Sample Notification Messages, please see TEA’s guidance related to Guidance on Model Standards for Parental Notification.
For Further Information
For questions, information, or guidance related to this TAA, please contact Dr. Amy Blakey (amy.blakey@tea.texas.gov) in the Safe and Supportive Schools Division.
STAAR Paper by Request Administrations
House Bill (HB) 1225, 88th Texas Legislature, Regular Session, 2023, adds Section 39.02342 to the Texas Education Code. The law provides a new optional process for LEAs to provide a paper administration of a State of Texas Assessments of Academic Readiness (STAAR®) assessment to ANY student whose parent, guardian, or teacher in the applicable subject area requests a paper version. LEAs have the flexibility to implement this new optional process and gather paper administration requests as appropriate for their school. The parent, guardian, or teacher must submit the request for a paper administration of STAAR to the LEA no later than September 15 for December administrations and no later than December 1 for spring administrations each year. District testing coordinators must mark students as eligible for a STAAR paper administration in the Test Information Distribution Engine (TIDE) by October 5, 2023, for the December 2023 STAAR administration and December 14, 2023, for the Spring 2024 STAAR administration. The only criterion that is required to be met is submitting the request to the LEA by the deadline.
The number of students who are provided a paper by request administration of STAAR may not exceed three percent of the number of eligible students enrolled in the district who are administered each assessment. For example, if an LEA has 500 students who are eligible for the STAAR grade 3 math and reading language arts (RLA) assessments, the LEA may indicate up to 15 students as eligible for a paper by request administration of the STAAR grade 3 math and RLA assessments. Similarly, if an LEA has 300 students who are eligible for the STAAR Algebra I assessment, the LEA may indicate up to 9 students as eligible for a paper by request administration of that assessment.
It is important to note that the number of students who receive a paper by request administration is separate and distinct from the students who are eligible for a special paper administration of STAAR. LEAs will continue the same process as last year for any student who is eligible for a special paper administration of STAAR because the student needs a testing accommodation that is not possible to provide in an online setting. These students are not counted in the maximum three percent of students who are administered a paper by request administration of STAAR.
Holy Days and Religious Observance
HB 1883, 88th Texas Legislature, Regular Session, 2023, adds Section 39.0238 to the Texas Education Code. The law allows LEAs to consider the dates of religious holy days or periods of observance likely to be observed by students in the LEA when establishing the LEA’s school calendar and days on which students are administered state assessments. Religious holy days and periods of observance are defined as days observed by a religion whose places of worship would be exempt from property taxation under Texas Tax Code, Section 11.20. The law requires LEAs to provide an alternate test date within the testing window to administer an assessment to a student who is absent from school to observe a religious holy day or period of observance on the day a STAAR or STAAR Alternate 2 assessment is administered. When providing the required make-up testing day, LEAs must maintain the security of the assessment to ensure that the assessment content remains valid throughout the testing window.
Testing Time
Based on feedback from educators, parents, and students, as well as other changes to the Texas Assessment Program, TEA is implementing a maximum allowable testing time of seven hours for STAAR and Texas English Language Proficiency Assessment System (TELPAS) assessments. Students are expected to complete each STAAR and TELPAS assessment in about three hours. Students who are still testing after four hours should be consolidated into a general testing area to continue testing. Students must complete the assessment within the same school day, and no test session may exceed seven hours. Exceptions exist for students who have an approved accommodation for an extra day. TEA recommends that districts begin testing within one hour of the start of the school day. Districts should exercise judgment about starting a test session after lunch for students who are late, as they may not have sufficient time to complete the test before the end of the school day. In addition, just like the administration of STAAR assessments, the TELPAS listening and speaking assessment should be administered on a different day than the TELPAS reading and writing assessment to reduce student fatigue and allow students sufficient time and opportunity to do their best work.
Testing System Updates
Based on input from educators, TIDE and the Test Delivery System (TDS) have been updated to include several enhancements.
- The secure inbox in TIDE has been renamed as the Secure File Center. The Secure File Center serves as a password-protected repository listing files containing data that have been exported from TIDE and other Cambium Assessment, Inc. (CAI) systems. In addition, district testing personnel may access the Secure File Center through TIDE or through the new Secure File Center card on the Testing Personnel page of the Texas Assessment website.
- The new View Student History feature in TIDE allows district testing personnel to see what and when changes were made to a student’s registration in the system during the current school year.
- The student registration file has been revised to only update the fields included that are intended to be corrected.
- Several accommodations in TDS have been updated and enhanced. There is now an embedded Word Prediction (Co:Writer) feature. The speech-to-text functionality will be added to the Notepad and Sticky Notes tools. Additionally, students are now able to modify font and background colors within the test.
More information about the updates for this school year will be available in the District and Campus Coordinator Resources. If you have questions about the updates or about the Texas Assessment Program, contact TEA using the Student Assessment Help Desk.
United States Presidential Scholars Program
High school principals are asked to identify outstanding high school students who will be graduating between January and August of 2024, to apply for consideration for the United States Presidential Scholars Program (USPSP). One general program student applicant and one Career and Technical Education (CTE) student applicant will be accepted from each school.
Application due date: October 6, 2023
For the general program, the commissioner of education will nominate ten male and ten female candidates to apply for the opportunity to be U.S. Presidential Scholars. Additionally, the commissioner of education will nominate five CTE students to apply for the honor.
Background:
Established in 1964, the U.S. Presidential Scholars Program honors graduating seniors for their outstanding scholarship, achievement and promise of future success. In 2015, the program was extended to recognize students who demonstrate ability and accomplishment in CTE fields. Seniors chosen as U.S. Presidential Scholars are selected by the Commission on Presidential Scholars and will be presented with a medallion at a ceremony in their honor where they will engage in conversations and events related to issues that concern America and the world.
Please see TEA’s US Presidential Scholars Program webpage for more information.
United States Senate Youth Program
High school principals are asked to nominate their most outstanding junior or senior high school student to apply for the United States Senate Youth Program (USSYP).
Nominated applicants will be considered by a state committee from the Texas Association of Secondary School Principals. Texas will select two student leaders as delegates (and two alternates) to participate in an intensive week-long educational program with students from across the nation. The program will take place from March 2-9, 2024, in Washington D.C.
Applications are due October 6, 2023
Background:
The USSYP is a unique educational experience for talented junior or senior high school students who demonstrate outstanding leadership and a strong commitment to public service. Established in 1962, the annual USSYP authorizes the selection of 104 student delegates, two from each state, the District of Columbia, and the Department of Defense Office of Dependents Schools to participate in a week-long immersion in Washington activities. Delegates will hear major policy addresses by senators, cabinet members, officials from the Departments of State and Defense, and other federal agencies, as well as participate in meetings with the president and a justice of the U.S. Supreme Court. The program is sponsored by The Hearst Foundations that funds all delegate expenses for Washington Week (transportation, hotel, and meals). Each delegate is also awarded a $10,000 undergraduate college scholarship, with encouragement to pursue a career in public service.
Please see the TEA’s US Senate Youth Program webpage for more information.
Approved Prekindergarten Instruments for 2023-2024
The Commissioner’s List of Approved Prekindergarten Instruments that was initially approved for use during the 2017-2022 school years has been extended for use through the 2023-2024 school year in accordance with Texas Education Code (TEC), §29.169 and §28.006.
The Commissioner’s list, with detailed information about each instrument, can be found on the Educator Resources page of the Texas Education Agency (TEA) website, as well as on the Data Tool Selection Guidance webpage.
Districts and open-enrollment charter schools, in the provision of high-quality, full-day prekindergarten for 4-year-old students, must collect data regarding student progress in all five domains of health and wellness, emergent literacy: language and communication, emergent literacy: reading, emergent literacy: writing, and mathematics at both the beginning of year (BOY) and end of the year (EOY) by using one or more of the instruments on the Commissioner's list. This raw data must be submitted to the Early Childhood Data System (ECDS) by June 27, 2024.
As part of the required family engagement plan, districts are encouraged to provide families with progress monitoring updates that address all five required domains at least three times a year.
The BOY and EOY windows are determined locally. It is recommended that students are administered the BOY instruments within the first 4-6 weeks of school so that resulting data can be used for instructional purposes. While the ECDS submission window for prekindergarten data closes on June 27, 2024, LEAs are encouraged to begin submitting BOY data as early as November 13, 2023.
Update to the Commissioner’s List of Approved Prekindergarten Instruments
An updated Commissioner's list of approved prekindergarten progress monitoring instruments will go into effect for the 2024-2025 school year. The updated list will include new instruments and modifications to existing instruments to provide LEAs with enhanced tools for monitoring student progress in early childhood education.
To access the updated 2024-2027 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments and related information, visit the Early Childhood Education webpage on the TEA website. The list, along with detailed information about each instrument, will be available on the Educator Resources page and the Data Tool Selection Guidance webpage.
Kindergarten Reading Instruments
Districts and open-enrollment charters must use either the Texas Kindergarten Entry Assessment (TX-KEA) or mCLASS Texas as the required beginning-of-year reading instrument. The authorization period for mCLASS Texas as a free, Commissioner-approved alternative reading instrument for kindergarten is through August 2024.
Learn more about each of the kindergarten reading instruments on the Kindergarten Data Tool Selection Guidance page.
It is recommended that students are administered the kindergarten instrument within the first 4-6 weeks of school so that resulting data can be used for instructional purposes. Families should be notified of the BOY results in writing within 60 days of administration. The Early Reading Indicator Code should be submitted in the Public Education Information Management System (PEIMS) twice a year by December 7, 2023, and June 20, 2024. The BOY data should be submitted in ECDS between November 13, 2023, and January 25, 2024. The universal dyslexia screener should be conducted by the end of the school year. The Dyslexia-Risk-Code should be submitted in PEIMS by June 20, 2024.
Grades 1 and 2 Reading Instruments
Districts and open-enrollment charters must collect data regarding student reading proficiency using an approved instrument (either from the Commissioner's List or selected by a district-level committee as authorized under TEC §28.006 (b)). There are two free approved instruments for grades 1 and 2. The free tools are mCLASS Texas and TPRI/Tejas Lee. The authorization period for mCLASS Texas as a free, Commissioner-selected reading instrument for first and second grade is through August 2024.
Learn more about each of the first and second grade instruments on the 1st and 2nd Grade Data Tool Selection Guidance page. Please note that Fastbridge has elected not to renew authorization as a free approved tool for the 2023-2024 school year.
Results of the first grade BOY collection are used to report student Early Reading Indicator codes in PEIMS twice a year by December 7, 2023, and June 20, 2024. A dyslexia screener should be administered to all first-grade students by January 25, 2024. Student Dyslexia-Risk-Codes must be submitted to PEIMS by June 20, 2024.
Results of the second grade BOY collection are used to report student Early Reading Indicator codes in PEIMS twice a year by December 7, 2023, and June 20, 2024.
2023 Hurricane Season Preparations
Just a reminder, in keeping with best practice for operational planning for school systems, it is most prudent to adopt a school calendar that is reflective of our current times. Given the potential need to close for viral spread, flooding, icy roads in the north, or hurricanes along the gulf coast, it is expected that adopted calendars reflect a reasonable built-in cushion to accommodate these potential closures. Future waiver decisions will be made within the context of how well the local planning process played out to build these cushions.
The following table outlines important information for LEAs related to critical next steps, how to communicate with TEA, and key preparedness resources:
Critical Steps for LEAs to Take Now
- Actively and frequently communicate with your staff and families.
- Identify and update your LEA’s protocols related to decision-making, communication, and staff roles and responsibilities.
- Make sure you are receiving information from—and are able to communicate with—the Texas Department of Emergency Management, your local emergency management authority, and your Regional Education Service Center.
- Review and update your LEA’s procurement policies to ensure flexibility and compliance with state and federal guidelines.
- Review and update your LEA’s insurance policies to ensure comprehensive coverage and alignment with relevant LEA policies and procedures.
- Should your LEA be impacted by the storm, document all disaster response-related expenses immediately.
What You Can Expect From TEA Related to Communication
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How to Communicate with TEA
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Next Steps for the LEA
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Commissioner Morath’s Superintendent Hotline is available to superintendents—a TEA staff member will answer.
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Only current superintendents may use the Superintendent Hotline. If you do not know the number, please email safeschools@tea.texas.gov.
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Via email to safeschools@tea.texas.gov
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For less urgent questions or requests, please email safeschools@tea.texas.gov and make sure this email is approved by your spam filters.
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An important responsibility of TEA is to report any LEA impact to the Texas Department of Emergency Management (TDEM). Your local ESCs are responsible for communicating to TEA any school closings or related disaster information.
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Please ensure you are communicating with your ESC and that you maintain up-to-date contact information with your ESC’s leadership.
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Key Resources to Assist with Hurricane Season Preparation
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