Part 2.
TEXAS EDUCATION AGENCY
Chapter 89.
ADAPTATIONS FOR SPECIAL POPULATIONS
Subchapter DD. COMMISSIONER'S RULES CONCERNING HIGH SCHOOL EQUIVALENCY PROGRAMS
The Texas Education Agency (TEA) proposes amendments to §§89.1403,
89.1405, 89.1409, and 89.1417 and the repeal of §89.1421, concerning
high school equivalency programs. The sections establish definitions, requirements,
and procedures for implementation of an in-school General Educational Development
(GED) program. The proposed amendments and repeal implement provisions relating
to in- school GED programs, in accordance with Texas Education Code (TEC), §29.087,
as amended by Senate Bill (SB) 1470, 78th Texas Legislature, 2003.
TEC, §29.087, was amended by SB 1470, 78th Texas Legislature, 2003,
to specify that any school district or open-enrollment charter school is eligible
to apply to the commissioner of education to operate an in-school GED program.
Language added in §89.1403 implements provisions in TEC, §29.087(d),
relating to changes in student eligibility requirements.
Language modified in §89.1405 implements requirements in TEC, §29.087(b),
which establish the authority for any school district or open-enrollment charter
school to operate a program under this section. As a part of the application
process, the commissioner shall require a district or charter school to provide
information regarding the operations of any similar programs during the preceding
five years.
Language modified in §89.1409, in accordance with TEC, §29.087(f),
requires a student participating in an approved high school equivalency program
to take the assessment instruments specified by TEC, §39.023(a), for
Grade 9 and to take each grade level assessment instrument administered during
the period in which the student is enrolled in the program. A student participating
in the program may not take the high school equivalency examinations unless
the student has taken the assessment instrument required by this subsection.
Language added in §89.1417 implements the provision in TEC, §29.087(b-1),
that a school district or open-enrollment charter school authorized by the
commissioner on or before August 31, 2003, to operate a program under this
section may continue to operate that program. New language also addresses
reporting requirements.
Section 89.1421 is repealed in accordance with the repeal of TEC, §29.087(o).
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five-year period the amendments and repeal are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Ms. Barnes has determined that for each year of the first five years the
amendments and repeal are in effect the public benefit anticipated as a result
of enforcing the sections will be extending the options for students desiring
to obtain a high school credential. There will not be an effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendments and repeal as proposed.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed amendments and repeal submitted under the
Administrative Procedure Act must be received by the commissioner of education
not more than 15 calendar days after notice of a proposed change in the sections
has been published in the
Texas Register
.
19 TAC §§89.1403, 89.1405, 89.1409, 89.1417
The amendments are proposed under the Texas Education Code, §29.087,
amended by Senate Bill 1470, 78th Texas Legislature, 2003, which authorizes
the commissioner of education to adopt rules to implement the requirement
that the agency develop a process by which a school district or open-enrollment
charter school may apply to the commissioner for authority to operate a program
to prepare eligible students to take a high school equivalency examination.
The amendments implement the Texas Education Code, §29.087.
§89.1403.Student Eligibility.
A student is eligible to participate in a High School Equivalency Program
if:
(1)
the student has been ordered by a court under Code of Criminal
Procedure, Article 45.054,
or by the Texas Youth Commission
to:
(A)
participate in a preparatory class for the high school
equivalency examination; or
(B)
take the high school equivalency examination administered
under Texas Education Code (TEC), §7.111; or
(2)
the following conditions are satisfied:
(A)
the student is at least 16 years of age at the beginning
of the school year or semester;
(B)
the student is at risk of dropping out of school, as defined
by TEC, §29.081;
(C)
the student and the student's parent, or person standing
in parental relation to the student, agree in writing to the student's participation;
and
(D)
at least two school years have elapsed since the student
first enrolled in Grade 9 and the student has accumulated less than one
third
[
§89.1405.Application to Operate a High School Equivalency Program.
(a)
Applicant eligibility.
Any
[
[
[
(b)
Cooperative HSEP criteria. A cooperative of school districts
or open-enrollment charter schools may apply for permission to operate a cooperative
HSEP if it operates pursuant to a written agreement [
(c)
Application process.
(1)
As part of the application
process, the commissioner shall require a district or open- enrollment charter
school to provide information regarding the operation of any similar program
during the preceding five years.
[
(2)
Reported historical information disaggregated by ethnicity,
age, gender, and socioeconomic status will include, but not be limited to:
(A)
the total number of students served in the program;
(B)
the number of program participants who passed the high
school equivalency examination; and
(C)
when available, information on students' subsequent attendance
in postsecondary educational programs.
(3)
The agency shall make available to eligible school districts
and open-enrollment charter schools an application form that must be completed
and submitted to the agency for approval.
§89.1409.Assessment.
(a)
A student entering a High School
Equivalency Program (HSEP) must take:
(1)
the Grade 9 assessment required by Texas Education
Code, §39.025(a), prior to entering the program;
(2)
each grade level assessment instrument administered
during the period in which the student is enrolled in the program; and
(3)
the assessment instruments required by this
subsection before taking the high school equivalency examination.
[
(b)
A student entering an HSEP
by order of the court pursuant to the Code of Criminal Proceedings, Article
45.054, or by order of the Texas Youth Commission (TYC), is exempt from the
assessment requirements specified in subsection (a) of this section.
[
[
(c)
[
(d)
[
(e)
If a student took the Grade
9 or higher grade level assessment instrument required by TEC, §39.025(a),
prior to enrollment in the HSEP program, the student has met the enrollment
and assessment requirement established by this section.
§89.1417.Conditions of Program Operation.
(a)
A school district or open-enrollment charter school operating
a High School Equivalency Program (HSEP) must comply with all assurances
in the program application. Approved HSEPs will be required to submit annually
one progress report on a form
[
(b)
A school district or open-enrollment
charter school authorized by the commissioner on or before August 31, 2003,
to operate a program in accordance with this subchapter may continue to operate
that program in accordance with this section.
(c)
[
(d)
[
(e)
Beginning with the 2003-2004
school year, a student may be enrolled in an HSEP that was authorized by the
commissioner on or before August 31, 2003; however, the student can not take
any portion of the GED test after September 1, 2003, without meeting the assessment
requirements specified in this section.
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 December 31, 2003.
TRD-200308966
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: February 15, 2004
For further information, please call: (512) 475-1497
19 TAC §89.1421
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Education Agency or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Education
Code, §29.087, amended by Senate Bill 1470, 78th Texas Legislature, 2003,
which authorizes the commissioner of education to adopt rules to implement
the requirement that the agency develop a process by which a school district
or open-enrollment charter school may apply to the commissioner for authority
to operate a program to prepare eligible students to take a high school equivalency
examination.
The repeal implements the Texas Education Code, §29.087.
§89.1421.Expiration.
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 December 31, 2003.
TRD-200308967
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: February 15, 2004
For further information, please call: (512) 475-1497
Subchapter AA. TEACHER APPRAISAL
quarter
] of the credits required to graduate under
the minimum graduation requirements of the district or school. For students
who left school prior to being enrolled in Grade 9, at least three years have
elapsed since the student last enrolled in Grade 8, or four years since the
student last enrolled in Grade 7, or five years since the student last enrolled
in Grade 6.
A
] school
district or open-enrollment charter school may apply for authorization to
operate a High School Equivalency Program (HSEP)
.
[
if the
district or charter school:
]
(1)
was operating a General Educational
Development (GED) in-school pilot program on May 1, 2001, as authorized by
the agency; and]
(2)
had at least one student enrolled
in the GED in-school pilot program during the 2000- 2001 school year.]
, had at least one
student enrolled during the 2000-2001 school year, and had at least one member
with an approved HSEP on May 1, 2001. An approved cooperative HSEP may not
accept students from any school district or open-enrollment charter school
that was not a member of the cooperative on May 1, 2001
]. The fiscal
agent of a cooperative HSEP is responsible for complying with all requirements
of this subchapter.
(1)
As part of the application
process, a district or charter school must provide information regarding the
operation of the in-school GED pilot program during the preceding five years.
If the program has been in operation for less than five years, the district
or school must provide information for the year(s) the program has been in
operation.]
(a)
A student must take the exit-level
assessment instruments required by Texas Education Code (TEC), §39.025(a),
before entering the program or within the first year in which the student
is enrolled in the program.]
(b)
A student participating in
a High School Equivalency Program (HSEP) after January 1, 2002, must take
the exit-level assessment instruments before taking the high school equivalency
examination.]
(c)
Beginning with the 2002-2003
school year, a student may take the assessment instruments required for Grade
10 students under the TEC, §39.023(a), instead of the exit-level assessment
if the HSEP receives prior written approval from the commissioner.]
(d)
] The school district or open-enrollment
charter school operating an approved HSEP must present to the General Educational
Development (GED) testing center, on a form provided by the agency, proof
that a student has been administered the assessment instruments required by
TEC, §39.025(a) and §39.023(a). GED testing centers will not allow
an HSEP student to take the high school equivalency examination without proof
from the approved HSEP that the student has been administered the required
assessment instruments. A student who is enrolled in an HSEP as described
in this section and withdraws from the HSEP before taking the [
exit-level
] assessment
instruments required by this subsection
cannot
take the GED until after the individual's 18th birthday.
(e)
] The school district or open-enrollment
charter school operating an approved HSEP must inform each student who has
completed the program of the time and place at which the student may take
the high school equivalency examination as authorized by TEC, §7.111.
A student must be over 17 years of age or meet other requirements specified
in TEC, §7.111, to take the high school equivalency examination.
at least two progress reports (midyear
and final) on forms
] to be provided by
the General Educational
Development Testing Service (GEDTS) to
the agency. The data in the progress
reports must be disaggregated by ethnicity, age, gender, and socioeconomic
status.
Approved HSEPs will submit data as stated in the assurances section
of the program application.
(b)
] Enrollment in an HSEP may not
exceed by more than 5% the total number of students enrolled in a similar
program operated by the district or charter school during the 2000- 2001 school
year.
(c)
] A student enrolled in an HSEP
must be offered a seven-hour school day and a 180-day instructional year calendar.
Chapter 150.
COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL