Part 2. TEXAS EDUCATION AGENCY
Chapter 102. EDUCATIONAL PROGRAMS
Subchapter GG. COMMISSIONER'S RULES CONCERNING EARLY COLLEGE EDUCATION PROGRAM
The Texas Education Agency (TEA) adopts new §102.1091, concerning the early college high school program. The new section is adopted with changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 706). The adopted new section establishes the procedures through which a campus may attain designation as an Early College High School (ECHS).
Texas Education Code (TEC), §29.908, added by the 78th Texas Legislature, 2003, authorized the commissioner of education to establish and administer a middle college education pilot program for students who are at risk of dropping out of school or who wish to accelerate high school completion. The pilot program was to provide for a course of study that enabled a participating student to combine high school courses and college-level courses during Grades 11 and 12. Through the pilot program, a participating student could complete high school and receive a high school diploma and an associate degree.
Senate Bill 1146, 79th Texas Legislature, Regular Session, 2005, amended the TEC, §29.908, establishing the early college education program for students who are at risk of dropping out of school or who wish to accelerate completion of the high school program. Rider 59 of Senate Bill 1, also passed by the 79th Texas Legislature, Regular Session, 2005, authorizes the use of funds for programs that show the most potential to improve high school. The early college education program is to provide for a course of study that enables a participating student to combine high school courses and college-level courses during Grades 9-12. On or before the fifth anniversary of a student's first day of high school, a participating student must be able to receive both a high school diploma and either an associate degree or at least 60 credit hours toward a baccalaureate degree. TEC, §29.908, authorizes the commissioner to adopt rules as necessary to establish the early college education program.
In accordance with the TEC, §29.908, new Chapter 102, Educational Programs, Subchapter GG, Commissioner's Rules Concerning Early College Education Program, §102.1091, Early College High Schools, establishes the requirements necessary for a school to be designated as an ECHS. The rule includes definitions and provisions relating to: application for and notification of designation as an ECHS, conditions of program operation, programs available to ECHS designees, evaluation of programs, and renewal or revocation of authority.
In response to public comment, the rule was modified since published as proposed. Subsection (d)(3), relating to conditions of ECHS program operation, was modified to specify that when a student takes a course for high school graduation credit, the school district or charter in which a student is enrolled is responsible to pay for tuition, fees, and textbooks related to an ECHS course, to the extent that these costs are not waived by the institution of higher education.
Following is a summary of public comments received and corresponding agency responses regarding proposed new 19 TAC Chapter 102, Educational Programs, Subchapter GG, Commissioner's Rules Concerning Early College Education Program, §102.1091, Early College High Schools.
Application for Approval as an ECHS
Comment. The Texas Classroom Teachers Association commented that each district should be required to include evidence of input by the campus site-based decision-making committee, in accordance with TEC, §11.253(e), as part of the application for approval as an ECHS.
Agency Response. The agency disagrees. When a district opens an ECHS campus, the district is responsible for applying for ECHS designation on behalf of that campus. TEA recognizes that it is possible that opening an ECHS may require changes to a campus improvement plan. However, this is considered to be part of an overall decision-making process within a district. Districts are expected to comply with laws and requirements, including those in TEC, §11.253, Campus Planning and Site-Based Decision-Making. Including a requirement in ECHS rules about the participation of a campus-level committee would require TEA to monitor local compliance with TEC, §11.253, through the ECHS designation process.
Location of ECHS
Comment. A parent expressed support for the ECHS program but commented that it discriminates against students in small districts where an ECHS program is not available.
Agency Response. The agency disagrees. ECHS grants were awarded by TEA to eight school districts, charters, and higher education entities through a competitive grant process. ECHS programs will serve as demonstration sites whose work can be replicated in districts across the state. ECHS programs require that districts and higher education partners work closely to articulate courses, create memoranda of understanding, and design programs that allow students to transition from high school to college. The best practices and lessons learned by ECHS programs will be shared with other districts and higher education institutions seeking to open an ECHS or to initiate or expand a dual credit program.
Allow Concurrent Enrollment to All Students
Comment. A representative from Hereford Independent School District (ISD) commented that students should be allowed to participate in a concurrent enrollment option without being enrolled in a designated Early College High School.
Agency Response. The agency agrees and offers the following clarification. ECHS programs allow participating students to earn both a high school diploma and either an associate degree or 60 credit hours toward a baccalaureate degree. ECHS programs are not designed to replace dual or concurrent enrollment options.
Type of Students Served
Comment. The principal of Collegiate High School with the College of the Mainland commented that first generation college students should be included in the types of students served by an ECHS.
Agency Response. The agency agrees and offers the following clarification. TEC, §29.908, states that the Early College program is "for students who are at risk of dropping out of school or who wish to accelerate completion of the high school program." The agency interprets this language to include first-generation college students.
Cost of ECHS
Comment. The principal of Collegiate High School with the College of the Mainland and a representative of Santa Fe ISD each commented that significant fiscal implications to school districts and institutions of higher education will result from not charging students for tuition, fees, or required textbooks.
Agency Response. The agency disagrees and offers the following clarification. Each school district collects average daily attendance funds for students enrolled in a public school. In an ECHS, when a student attends a higher education course he or she also generates contact hours for a higher education institution. According to TEC, §29.908: "A student participating in the program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement under subsection (b)(3)."
The new rule is not intended to require either a high school or its partnering higher education institution to bear the full cost of tuition and fees. Instead, it is designed to prevent a student enrolled in a public school from being charged for courses to which they are entitled. In order to clarify the agency's intent, subsection (d)(3) was modified to specify that when a student takes a course for high school graduation credit, the school district or charter in which a student is enrolled is responsible to pay for tuition, fees, and textbooks related to an ECHS course, to the extent that these costs are not waived by the institution of higher education.
Design of ECHS and Access to Funds and Programs
Comment. Representatives of the College of the Mainland and a representative of Santa Fe ISD commented that the ECHS rule should include specific references to "small learning communities" or "schools within schools." They expressed concern that without these specific references, their schools may not be eligible for future funding for ECHS programs or the Optional Flexible School Day Program.
Agency Response. The agency disagrees. Language in new §102.1091 does not preclude a small learning community or a school within a school from functioning as an ECHS. The rule specifically refers to a school district and a campus because a school district must submit an application to the agency in order to designate a specific campus as an ECHS. Once a campus has been designated as an ECHS, the district may choose to apply for the Optional Flexible School Day Program on behalf of that campus. The Optional Flexible School Day Program may then be made available to students participating in the ECHS.
Size of ECHS
Comment. A representative of Santa Fe ISD requested clarification on whether an ECHS must serve Grades 9-12 and have no more than 100 students per grade level.
Agency Response. The agency offers the following clarification. An ECHS must serve Grades 9-12 according to TEC, §29.908, which states, "the program must provide for a course of study that enables a participating student to combine high school courses and college-level courses during grade levels 9 through 12." New §102.1091 does not specifically define how many students must be in each grade level. However, current grants from TEA do require that each grade level have no more than 100 students.
The new section is adopted under the Texas Education Code, §29.908, which authorizes the commissioner of education to adopt rules as necessary to administer the Early College Education Program.
The new section implements the Texas Education Code, §29.908.
§102.1091.Early College High Schools.
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Agency--Texas Education Agency.
(2) Commissioner--Commissioner of education.
(3) Early College High School (ECHS)--A school established under the Texas Education Code (TEC), §29.908, that enables a student in Grade 9, 10, 11, or 12 who is at risk of dropping out, as defined by the TEC, §29.081, or who wishes to accelerate completion of high school to combine high school courses and college-level courses. An ECHS program must provide for a course of study that, on or before the fifth anniversary of a student's first day of high school, enables a participating student to receive both a high school diploma and either an associate degree or at least 60 credit hours toward a baccalaureate degree.
(4) Optional Flexible School Day Program (OFSDP)--A program approved by the commissioner of education to provide flexible hours and days of attendance for eligible students in Grades 9-12, as defined in §129.1027 of this title (relating to Optional Flexible School Day Program).
(5) School district--For the purposes of this section, the definition of school district includes an open-enrollment charter school.
(b) Application for approval of an ECHS.
(1) Applicant eligibility. Any school district may submit a separate application on behalf of each campus it requests to designate as an ECHS.
(2) Application process. A school district must submit each application in accordance with the procedures determined by the commissioner.
(c) Notification. The Agency will notify each applicant of its selection or non-selection for designation.
(d) Conditions of ECHS program operation.
(1) A school district operating an ECHS program must comply with all assurances in the program application.
(2) ECHS approval is valid for a maximum of one year.
(3) A student enrolled in an ECHS course for high school graduation credit may not be required to pay for tuition, fees, or required textbooks. The school district or charter in which the student is enrolled shall pay for tuition, fees, and required textbooks, to the extent those charges are not waived by the institution of higher education.
(e) Programs available to an approved ECHS.
(1) Approval as an ECHS will allow a campus to access programs available to the early college education program.
(2) An approved ECHS campus may access the OFSDP defined in §129.1027 of this title. An approved ECHS campus is eligible for OFSDP, but must apply separately in accordance with the TEC, §29.0822, and procedures established by the commissioner.
(f) Evaluation of an ECHS program.
(1) The commissioner will establish specific evaluation procedures prior to the beginning of each school year.
(2) Beginning in 2008-2009, the commissioner shall adopt measures, performance standards, and an appeals process. Failure to meet the standards may result in sanctions under the TEC, Chapter 39, including closure of the program.
(3) Beginning in 2009-2010, each approved ECHS will be required to submit information and required data to the Agency each year in a manner and with a deadline specified by the commissioner. This information must comply with the measures and performance standards set forth by the commissioner.
(g) Renewal or revocation of authority.
(1) In order to renew ECHS approval, a school district must submit a separate renewal application on behalf of each of its approved campuses each year.
(2) The commissioner may deny renewal or revoke the authorization of an ECHS program based on the following factors:
(A) noncompliance with application assurances and/or the provisions of this section;
(B) lack of program success as evidenced by progress reports and program data;
(C) failure to meet performance standards specified in the application; or
(D) failure to provide accurate, timely, and complete information as required by the Agency to evaluate the effectiveness of the ECHS program.
(3) A decision by the commissioner to deny renewal as or revoke authorization of an ECHS is final and may not be appealed.
(4) The commissioner may impose sanctions on a school district as authorized by the TEC, Chapter 39, Subchapter G, for failure to comply with the requirements of this section.
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 June 12, 2007.
TRD-200702379
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 2, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 475-1497
Subchapter AA. COMMISSIONER'S RULES CONCERNING FINANCIAL ACCOUNTABILITY RATING SYSTEM
The Texas Education Agency (TEA) adopts an amendment to §109.1002, concerning financial accountability ratings. The amendment is adopted without changes to the proposed text as published in the April 6, 2007, issue of the Texas Register (32 TexReg 1988) and will not be republished. The adopted amendment updates the appeal process for the rating system beginning with fiscal year 2006-2007, in accordance with House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006.
Senate Bill 218, 77th Texas Legislature, 2001, added the TEC, §§39.201 - 39.204, requiring the commissioner of education, in consultation with the comptroller, to adopt rules for implementation and administration of the financial accountability rating system. 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating System, adopted to be effective October 20, 2002, establishes provisions that detail the purpose, ratings, types of ratings, criteria, reporting, and sanctions for the financial accountability rating system, in accordance with Senate Bill 218, 77th Texas Legislature, 2001.
The specific rule that establishes indicators applicable to school district financial accountability ratings is 19 TAC §109.1002, Financial Accountability Ratings. This rule includes the financial accountability rating form entitled "School FIRST - Rating Worksheet" that explains the indicators that the TEA will analyze to assign school district financial accountability ratings. This rule also includes a process whereby a district could submit a request for the TEA to review a district's preliminary rating. In accordance with HB 1, Third Called Session, 2006, this financial accountability rating appeal process is to include review by an external review panel.
The adopted amendment to 19 TAC §109.1002 adds language in subsection (e)(2)(A) to modify the appeal process to allow for the review of a district's appeal by an external review panel. The new language addresses the type of appeals that will be considered and the role of the TEA and the external review panel. As directed by HB 1, the rule specifies that the external review panel's recommendation would be forwarded to the commissioner and that the commissioner's decision would be final and not subject to challenge. The amendment to 19 TAC §109.1002 is adopted in consultation with the comptroller.
The public comment period began April 6, 2007, and ended May 6, 2007. No comments were received regarding adoption of the proposed amendment.
The amendment is adopted under the Texas Education Code (TEC), §39.202, which directs the commissioner to develop and implement a financial accountability rating system, and TEC, §39.204, which authorizes the commissioner of education to adopt rules as necessary for the implementation and administration of a financial accountability rating system. In addition, the TEC, §39.301, authorizes the commissioner by rule to provide a process for a school district or open-enrollment charter school to challenge an agency decision relating to an academic or financial accountability rating that affects the district or school. The TEC, §39.301, specifies that the commissioner rule must provide for the appointment of a committee to make recommendations on a challenge made to an agency decision relating to an academic or financial accountability rating.
The amendment implements the Texas Education Code, §§39.202, 39.204 and 39.301.
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 June 12, 2007.
TRD-200702380
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 2, 2007
Proposal publication date: April 6, 2007
For further information, please call: (512) 475-1497
Subchapter AA. COMMISSIONER'S RULES
The Texas Education Agency (TEA) adopts new §129.1027, concerning the optional flexible school day program. The new section is adopted with changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 708). The adopted new section establishes provisions for administering the program, including application requirements, in accordance with the Texas Education Code (TEC), §29.0822, Optional Flexible School Day Program, as added by House Bill 1, 79th Texas Legislature, Third Called Session, 2006.
TEC, §29.0822, grants the commissioner rulemaking authority for administering the Optional Flexible School Day Program (OFSDP), including the establishment of application requirements. Students in Grades 9-12 who are either at risk of dropping out of school or who are attending either an early college high school program or a campus implementing innovative redesign can be served by districts providing flexible attendance schedules. Students participating in the program can vary the hours and days of attendance.
Adopted new §129.1027, Optional Flexible School Day Program, addresses how districts can apply to serve students with flexible schedules while maintaining eligibility for state funding using an alternative method for calculating student attendance. Specifically, the adopted new rule provides definitions for words and terms used in the new rule; describes student eligibility requirements; establishes application procedures, including deadlines for participation in 2006-2007 and subsequent school years; and specifies conditions of program operation. The adopted new rule also specifies requirements relating to attendance, funding, and extracurricular participation. Provisions relating to school district annual performance review, TEA evaluation of OFSDPs, and revocation of or denial to renew authorization are also included in new §129.1027.
The adopted new rule requires districts to apply to the TEA and receive approval prior to operating an OFSDP. Participating districts will also be required to submit attendance information for students participating in the program separately from other student attendance reporting. Most automated student attendance accounting systems currently cannot accommodate alternative student attendance accounting methods to track attendance by minutes or hours instead of by days. Initially, attendance may have to be kept manually by districts participating in this program until vendors can modify software to accommodate alternative methods of student attendance accounting.
New information for recording attendance will be included in the Student Attendance Accounting Handbook published annually and adopted by reference as part of the Texas Administrative Code .
In response to public comment, the rule was modified since published as proposed. Subsection (b)(2)(B), relating to student eligibility, was modified to specify that the written agreement to participate in the OFSDP may also be obtained from a student under 18 years of age who has attained legal status as an adult by reason of marriage or court order.
Following is a summary of public comments received and corresponding agency responses regarding the proposed new 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1027, Optional Flexible School Day Program.
Comment. The law firm of Schwartz & Eichelbaum, P.C., commented that some at-risk students are under 18 years of age but are married or have had a court remove the disabilities of minority in accordance with Family Code. The firm requested that subsection (b)(2)(B), which references written agreement for participation from students over 18 years of age, include students under 18 who have "otherwise attained legal status as an adult by reason of marriage or court order."
Agency Response. The agency agrees and modified subsection (b)(2)(B) by adding the suggested language. This language will not change the meaning or fiscal impact of the rule.
Comment. The assistant superintendent of Hereford Independent School District expressed support for the rule and commented that the rule provides flexibility to meet the diverse needs of students.
Agency Response. The agency agrees.
Comment. The Texas Classroom Teachers Association recommended that the rule be amended to require the school district board of trustees to obtain evidence of input by the district-level decision-making committee as part of the application process.
Agency Response. The agency disagrees. When a district applies for the OFSDP, the district is responsible for changes to its district improvement plan. Districts are expected to comply with laws and requirements, including those in TEC, §11.252, District-Level Planning and Decision-Making. Including a requirement in the OFSDP rule about the participation of a district-level committee would require TEA to monitor local compliance with TEC, §11.252.
Comment. The superintendent of Paradigm Accelerated Charter School expressed support for the rule and proposed that student attendance for this program be reported through the Public Education Information Management System (PEIMS). The superintendent also proposed that regular and "make up" student attendance be reported for students absent during the normal daily snapshots for not more than the maximum number of hours per academic year.
Agency Response. The agency disagrees with reporting OFSDP attendance through PEIMS. This program is intended to be a separate program and PEIMS cannot currently accommodate alternative methods of attendance reporting. OFSDP attendance will be recorded separately from PEIMS. The agency agrees with reporting regular and "make up" student attendance. A school district or charter school authorized to operate an OFSDP would report attendance for an OFSDP student as the actual time attended whether the student was attending a regularly scheduled class or a flexible class.
Comment. The superintendent of Paradigm Accelerated Charter School expressed support for the rule if it assisted fatherless students.
Agency Response. Statutory authority for the new rule does not specify the population of students eligible for the OFSDP as students without fathers. The program, however, will serve at-risk students as defined by TEC, §29.081.
The new section is adopted under the Texas Education Code, §29.0822, which authorizes the commissioner of education to adopt rules for the administration of the Optional Flexible School Day Program, including rules establishing application requirements.
The new section implements the Texas Education Code, §29.0822.
§129.1027.Optional Flexible School Day Program.
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Agency--Texas Education Agency.
(2) Campus--For the purposes of this section, a campus is an organization that provides instructional services to students in Grades 9-12, maintains a separate budget, and has an administrator whose primary duty is the full-time administration of the campus.
(3) Commissioner--Commissioner of education.
(4) Instructional contact hours--For purposes of this section, instructional contact hours are the hours spent learning the curriculum under the direct supervision of an educator meeting the qualifications of the State Board for Educator Certification or the employing charter school.
(5) Optional Flexible School Day Program (OFSDP)--Authorized under the Texas Education Code (TEC), §29.0822, a program approved by the commissioner of education to provide flexible hours and days of attendance for eligible students in Grades 9-12, as defined in subsection (b) of this section.
(6) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.
(7) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.
(8) School year--For funding purposes, a school year cannot exceed 1,080 instructional hours in a 12-month consecutive period as adopted by the school district board of trustees.
(b) Student eligibility. A student is eligible to participate in an OFSDP if:
(1) the student is enrolled in Grade 9, 10, 11, or 12 and at least one of the following conditions is satisfied:
(A) the student is at risk of dropping out of school, as defined by the TEC, §29.081;
(B) the student is attending a campus implementing an innovative redesign, as defined by the TEC, §39.132; or
(C) the student is attending an approved early college high school program, as defined by the TEC, §29.908; and
(2) either:
(A) the student and the student's parent, or person standing in parental relation to the student, agree in writing to the student's participation if the student is less than 18 years of age and not emancipated by marriage or court order; or
(B) the student agrees in writing to participate if the student is 18 years of age or older or has otherwise attained legal status as an adult by reason of marriage or court order.
(c) Application to operate an OFSDP. Any school district may apply for authorization to operate an OFSDP.
(1) Application process.
(A) The Agency shall make available to each eligible school district an application form for initial approval or renewal that must be completed and submitted annually to the Agency for approval.
(B) The board of trustees of a school district must approve the application. The board of trustees of a school district must include the OFSDP as an item on a regular agenda for a board meeting providing options for public input concerning the proposed application before applying to operate an OFSDP.
(C) A school district must submit an application in accordance with instructions provided by the Agency.
(D) As part of the application process, a school district shall include the following information: implementation plan description, staff plans, schedules, and student attendance accounting security procedures and documentation.
(E) The school district must have submitted the required annual audit report for the immediate prior fiscal year to the Agency division responsible for financial audits. The annual audit must be determined by the Agency to be in compliance with applicable audit standards.
(F) The commissioner may consider academic and financial performance at a campus or a district when reviewing application qualifications.
(G) The Agency may defer or reject an application based on pending or final audit of data submitted, irregularities in assessment administration, accreditation status, accountability ratings, or sanctions under the TEC, Chapter 39.
(H) The Agency may grant or reject an entire application or grant or reject any campus submitted on an application.
(I) The Agency will notify each applicant of its approval or non approval to operate an OFSDP.
(2) Participation in 2006-2007 school year. For the 2006-2007 school year, a school district must have received notice of approval from the Agency prior to participating in the program. This paragraph expires August 31, 2007.
(3) Participation in 2007-2008 and subsequent school years. For the 2007-2008 school year and subsequent school years, a school district must submit an initial or renewal application 90 days prior to the start date of the program. The school district must receive notice of approval to continue or begin participation in the program.
(d) Attendance. A school district must report student OFSDP attendance in a manner provided by the Agency in the Student Attendance Accounting Handbook adopted under §129.1025 of this title (relating to Adoption By Reference: Student Attendance Accounting Handbook). Funding for attendance in an OFSDP is proportionate to attendance in a full-time program meeting the requirements of the TEC, §25.081 and §25.082.
(e) Funding under the TEC, Chapters 41, 42, and 46. Attendance in an OFSDP that is not authorized or does not meet the requirements of the TEC, §29.0822, or this section is not eligible for state funding.
(f) Extracurricular participation. A student enrolled in an OFSDP may participate in a competition or activity sanctioned by the University Interscholastic League (UIL) only if the student meets all UIL eligibility criteria.
(g) Conditions of program operation. A school district and campus operating an OFSDP must comply with all assurances in the program application. Approved OFSDPs will be required to submit annually one progress report on a form to be provided by the Agency and signed by the district superintendent or executive officer. The data in the progress reports must be disaggregated by ethnicity, age, gender, and socioeconomic status. Approved OFSDPs will submit data as stated in the assurances section of the program application.
(1) A school district with a campus operating an OFSDP must reapply annually to continue to operate an OFSDP to verify that student eligibility requirements specified in subsection (b) of this section are met.
(2) A student participating in an OFSDP must take all assessment instruments as defined by the TEC, §39.023, during the regularly scheduled administration periods.
(3) A school district operating an OFSDP must conduct audits every other year of the OFSDP student attendance processes, procedures, and data quality to maintain eligibility for the program. Audits may be conducted by an internal auditor, external auditor, or an authorized school district administrator responsible for student attendance accounting.
(4) The commissioner may consider academic performance and student attendance accounting documentation and procedures to continue district or campus eligibility for the OFSDP.
(h) School district annual performance review.
(1) Annually, each school district shall review its progress in relation to the performance indicators required by this subsection. Progress should be assessed based on information that is disaggregated with respect to race, ethnicity, gender, and socioeconomic status.
(A) A school district must include high school graduation as one of the performance indicators for students participating in the OFSDP.
(B) A school district operating an OFSDP for a campus will select and report student performance indicators appropriate to the population being served. The selected performance indicators must measure student achievement on an annual basis.
(2) At an open meeting of the board of trustees, a school district shall establish and review annual performance goals for the OFSDP related to performance indicators appropriate to the program, as established in paragraph (1) of this subsection and approved by the Agency.
(3) A school district shall ensure that decisions on the continuation of the OFSDP are based on state student assessment results and other student performance data.
(i) Evaluation of programs.
(1) The Agency shall evaluate the OFSDP based on performance indicators established in subsection (h) of this section.
(2) In addition to the evaluation on the indicators identified in subsection (h) of this section, a school district shall be evaluated based on student assessment administration and student attendance accounting processes and procedures.
(j) Revocation of or denial to renew authorization to operate an OFSDP.
(1) The commissioner may revoke authorization or deny renewal of an OFSDP based on the following factors:
(A) noncompliance with application assurances and/or the provisions of this section;
(B) failure to keep timely and accurate audit and attendance accounting records;
(C) failure to maintain student eligibility requirements specified in subsection (b) of this section if one of these designations was used as an eligibility criteria for OFSDP;
(D) lack of program success as evidenced by progress reports or program data; or
(E) failure to provide accurate, timely, and complete information as required by the Agency to evaluate the effectiveness of the OFSDP.
(2) A revocation or non-renewal of an approved OFSDP takes effect for the semester immediately following the date on which the revocation or non-renewal is issued unless another date is determined by the commissioner.
(3) An OFSDP is entitled to a ten-day notice of the proposed revocation or non-renewal and an informal review by the commissioner's designee.
(4) A decision by the commissioner to revoke the authorization or deny renewal of an OFSDP is final and may not be appealed.
(5) The OFSDP is a state program that may be monitored by an on-site visit under the TEC, §39.075. Student attendance accounting records are subject to audit under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes). The commissioner may impose sanctions on a school district under the TEC, §39.131, for failure to comply with the OFSDP requirements of this section.
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 June 14, 2007.
TRD-200702419
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 4, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 475-1497