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) proposes new §61.1061, concerning high school diplomas for certain veterans. 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 proposed 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 proposed 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.

Robert Muller, associate commissioner for continuing education and school improvement, has determined that for the first five-year period the section is in effect there will be slight fiscal implications for state government as a result of enforcing or administering the new section. Costs associated with developing and disseminating the application form are minimal and will be absorbed by the TEA. There may be a slight fiscal impact on local government. Administrative costs associated with accepting and reviewing applications and issuing the high school diplomas will be absorbed by local school districts at an estimated cost of no more than $5 per diploma.

Mr. Muller and Criss Cloudt, associate commissioner for accountability reporting and research, have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be acknowledgment of the service of veterans who left high school before graduation to serve in World War II. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

Comments on the proposal may be submitted to Criss Cloudt, Accountability Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The new section is proposed 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.

The new section implements the Texas Education Code, §28.0251(c), as added by Senate Bill 387, 77th Texas Legislature, 2001.

§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 proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 11, 2001.

TRD-200103273

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Earliest possible date of adoption: July 22, 2001

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