Summer school programs that are provided under Texas Education Code (TEC), §29.060, for emergent bilingual students who will be eligible for admission to Kindergarten or Grade 1 at the beginning of the next school year shall be implemented in accordance with this section.
  (1) Purpose of summer school programs.
    (A) Emergent bilingual students shall have an opportunity to receive special instruction designed to prepare them to be successful in Kindergarten and Grade 1.
    (B) Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student, including instruction in English and the primary or partner language according to the program model.
    (C) The program shall address the affective, linguistic, and cognitive needs of the emergent bilingual students in accordance with §89.1210(b) of this title (relating to Program Content and Design).
  (2) Establishment of, and eligibility for, the program.
    (A) Each school district required to offer a bilingual or English as a second language (ESL) program in accordance with TEC, §29.053, shall offer the summer program.
    (B) To be eligible for enrollment:
      (i) a student must be eligible for admission to Kindergarten or to Grade 1 at the beginning of the next school year and must be identified as an emergent bilingual student; and
      (ii) a parent must have approved placement of the emergent bilingual student in the required bilingual or ESL program following the procedures described in §89.1220(g) of this title (relating to Language Proficiency Assessment Committee) and §89.1226(b)-(f) of this title (relating to Testing and Classification of Students) prior to participation in the summer school program.
  (3) Operation of the program.
    (A) Enrollment is optional.
    (B) The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction.
    (C) The student/teacher ratio for the program district-wide shall not exceed 18 to 1.
    (D) A school district is not required to provide transportation for the summer program.
    (E) Teachers shall possess certification as required in TEC, §29.061, and §89.1245 of this title (relating to Staffing and Staff Development).
    (F) Reporting of student progress shall be determined by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term.
    (G) A school district may join with other school districts in cooperative efforts to plan and implement programs.
    (H) The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in TEC, §29.153.
  (4) Funding and records for programs.
    (A) A school district shall use state and local funds for program purposes.
      (i) Available funds appropriated by the legislature for the support of summer school programs provided under TEC, §29.060, shall be allocated to school districts in accordance with this subsection.
      (ii) Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to 1. The numbers of students required to earn units shall be established by the commissioner. The allotment per unit shall be determined by the commissioner based on funds available.
      (iii) Any school district required to offer the program under paragraph (2)(A) of this subsection that has fewer than 10 students district-wide desiring to participate is not required to operate the program. However, those school districts must document that they have encouraged students' participation in multiple ways.
      (iv) Payment to school districts for summer school programs shall be based on units employed. This information must be submitted in a manner and according to a schedule established by the commissioner in order for a school district to be eligible for funding.
    (B) A school district shall maintain records of eligibility, attendance, and progress of students.

Source Note: The provisions of this §89.1250 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247