TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 61. SCHOOL DISTRICTS

Subchapter FF. COMMISSIONER'S RULES CONCERNING HIGH SCHOOL DIPLOMAS FOR CERTAIN VETERANS

19 TAC §61.1061

The Texas Education Agency (TEA) adopts new §61.1061, concerning high school diplomas for certain veterans, with changes to the proposed text as published in the June 22, 2001, issue of the Texas Register (26 TexReg 4580). The new section implements the requirements that the commissioner by rule adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran and specify acceptable evidence of eligibility for a diploma, as authorized by Texas Education Code (TEC), §28.0251, as added by Senate Bill 387, 77th Texas Legislature, 2001. The section includes the application form prescribed by the commissioner.

The adopted new section provides for a school district to issue a high school diploma to a person who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school after 1940 and before 1951; and (3) left high school before graduation to serve in World War II. A school district may issue a diploma to an eligible veteran notwithstanding the fact that the person holds a high school equivalency certificate or is deceased. The section includes the application form, describes the acceptable evidence of eligibility as a completed application and a copy of discharge notification, and establishes the process for submission of the acceptable evidence. One change was made to the application form provided in 19 TAC §61.1061(c) that adds a TEA contact phone number for individuals with questions about the application.

No comments were received regarding adoption of the new section.

The new section is adopted under the Texas Education Code (TEC), §28.0251(c), as added by Senate Bill 387, 77th Texas Legislature, 2001, which authorizes the commissioner of education to by rule adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran and specify acceptable evidence of eligibility of a diploma.

§61.1061.Application Form for Diploma and Evidence of Eligibility.

(a) In accordance with Texas Education Code (TEC), §28.0251, a school district may issue a high school diploma to a person who:

(1) is an honorably discharged member of the armed forces of the United States;

(2) was scheduled to graduate from high school after 1940 and before 1951; and

(3) left high school before graduation to serve in World War II.

(b) A school district may issue a diploma to an eligible veteran notwithstanding the fact that the person holds a high school equivalency certificate or is deceased.

(c) The Texas Education Agency will develop and make available an application form to be used by a veteran or a person acting on behalf of a deceased veteran. The application form is provided in this subsection entitled "Application for a High School Diploma for Certain Veterans."

Figure: 19 TAC §61.1061(c)

(d) Acceptable evidence of eligibility for a diploma under TEC, §28.0251, is:

(1) a completed, signed, and dated application form; and

(2) a copy of the discharge notification (DD form 214, enlisted record and report of separation, or discharge certificate) from the appropriate branch of the United States armed forces indicating dates of military service during World War II.

(e) The acceptable evidence of eligibility described in subsection (d) of this section must be submitted to the school district where the veteran was enrolled in high school. If the veteran's school district no longer exists (e.g., the district was consolidated into another district), the acceptable evidence must be submitted to the consolidated district, which will be responsible for issuing the high school diploma. In the case of high schools that have experienced consolidation or for some other reason no longer exist, the local school district that assumed the records of the previously existing school will make the determination as to which existing high school will issue the veteran's diploma.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 23, 2001.

TRD-200104233

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Effective date: August 12, 2001

Proposal publication date: June 22, 2001

For further information, please call: (512) 463-9701


Chapter 66. STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS

Subchapter B. STATE ADOPTION OF INSTRUCTIONAL MATERIALS

19 TAC §66.51

The Texas Education Agency (TEA) adopts an amendment to 19 TAC §66.51, concerning instructional materials purchased by the state, without changes to the proposed text as published in the April 20, 2001, issue of the Texas Register (26 TexReg 2920) and will not be republished. The section establishes requirements that must be met by publishers that offer instructional materials for adoption by the State Board of Education. The section also specifies requirements for publishers of non- adopted instructional materials selected and purchased by school districts.

The adopted amendment to §66.51 requires publishers to certify that persons listed as contributors to a published work did, in fact, contribute to the work. The adopted amendment also deletes the "per-student" terminology when referencing the state maximum cost reflected in proclamations.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Education Code, §31.003, which authorizes the State Board of Education to adopt rules for the adoption, requisition, distribution, care, use, and disposal of textbooks.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 23, 2001.

TRD-200104234

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Effective date: September 1, 2001

Proposal publication date: April 20, 2001

For further information, please call: (512) 463-9701


Chapter 117. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR FINE ARTS

Subchapter C. HIGH SCHOOL

19 TAC §117.54, §117.55

The Texas Education Agency (TEA) adopts amendments to §117.54 and §117.55, concerning fine arts, without changes to the proposed text as published in the June 1, 2001, issue of the Texas Register (26 TexReg 3900) and will not be republished. The sections establish the essential knowledge and skills for high school art courses that students may use to fulfill fine arts and elective requirements for graduation, including certain Advanced Placement (AP) and International Baccalaureate (IB) courses.

The adopted amendments to 19 TAC §117.54 and §117.55 retire the AP General Art Portfolio course and add the new AP Two-Dimensional Design Portfolio and AP Three-Dimensional Design Portfolio courses to the list of AP courses that school districts may offer for state graduation credit in Art, Levels III and IV.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the Texas Education Code, §28.002, which directs the State Board of Education to adopt rules identifying the essential knowledge and skills of each subject of the required curriculum, which includes an enrichment curriculum. In addition, Texas Education Code, §28.051, establishes the definition of college advanced placement courses.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 23, 2001.

TRD-200104235

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Effective date: September 1, 2001

Proposal publication date: June 1, 2001

For further information, please call: (512) 463-9701