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 an amendment to §61.1061,
concerning high school diplomas for certain veterans. The proposed amendment
would implement the requirements of the Texas Education Code (TEC), Chapter
28, Courses of Study; Advancement, Subchapter B, Advancement, Placement, Credit,
and Academic Achievement Record, §28.0251. TEC, §28.0251(c), specifies
that the commissioner by rule shall adopt a form for a diploma application
to be used by a veteran or a person acting on behalf of a deceased veteran
and shall specify acceptable evidence of eligibility of a diploma.
TEC, Chapter 28, Subchapter B, was amended by Senate Bill 387 of the 77th
Texas Legislature, 2001, to add 28.0251. This section allows a school district
to issue a high school diploma to a person who: (a) is an honorably discharged
member of the armed forces of the United States; (b) was scheduled to graduate
from high school after 1940 and before 1951; and (c) 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. TEC, §28.0251(c), requires
the commissioner by rule to adopt a form for a diploma application to be used
by certain veterans (or a person acting on behalf of a deceased veteran) to
obtain a high school diploma. TEC, §28.0251(c), also requires the commissioner
to specify acceptable evidence of eligibility of such a diploma. 19 TAC §61.1061
was adopted to be effective August 12, 2001, in accordance with statute.
TEC, §28.0251, was amended by House Bill 1058 of the 79th Texas Legislature,
2005. The revision extended eligibility to those scheduled to graduate from
high school between 1940 and 1975 and included veterans of the Korean and
Vietnam wars. The proposed amendment to 19 TAC §61.1061 would update
the rule to reflect the extended eligibility date and the additional specified
wars. The application form provided as part of the rule would also be updated
accordingly.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five-year period the amendment is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Dr. Barnes has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the amendment will be the acknowledgement of the service of veterans who left
high school before graduation to serve in the Korean War or the Vietnam War
in addition to World War II. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendment.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination Division, Texas Education Agency, 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
amendment 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 amendment is proposed under the Texas Education Code, §28.0251,
which authorizes the commissioner of education to adopt by rule a form for
a diploma application to be used by a veteran or a person acting on behalf
of a deceased veteran and to specify acceptable evidence of eligibility of
a diploma.
The amendment implements the Texas Education Code, §28.0251.
§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
1975
[
(3)
left high school before graduation to serve in World War
II
, the Korean War, or the Vietnam War
.
(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) (.pdf)
(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
, the Korean War, or the Vietnam War
.
(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 February 6, 2006.
TRD-200600613
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: March 19, 2006
For further information, please call: (512) 475-1497
Subchapter EE. COMMISSIONER'S RULES CONCERNING PILOT PROGRAMS
1951
]; and
Chapter 102.
EDUCATIONAL PROGRAMS