TITLE 19.EDUCATION

Chapter 53. REGIONAL EDUCATION SERVICE CENTERS

The Texas Education Agency (TEA) adopts new §53.1002, concerning charter school representation on board of directors, with changes to the proposed text as published in the March 22, 2002, issue of the Texas Register (27 TexReg 2177). The new section is adopted to incorporate new provisions to conform to changes enacted by House Bill (HB) 6, 77th Texas Legislature, 2001.

HB 6, 77th Texas Legislature, 2001, directed the commissioner to adopt rules for a wide range of issues related to open-enrollment charter schools. HB 6 included an amendment to Texas Education Code (TEC), §12.104, to provide for representation of open-enrollment charter schools on the boards of directors of regional educational service centers.

The new section establishes provisions relating to a representative of the open-enrollment charter schools in a region to serve as a non-voting member of the board of directors of that regional education service center. The new rule specifies details regarding the charter school member, term of office, and appointment process.

In response to comments, the following changes have been made to the section since published as proposed.

Language was revised in subsection (a) to conform with Texas Register style and format requirements.

Language was added in subsection (a) to provide that the commissioner shall appoint a charter school representative when at least one open-enrollment charter school, as defined by 19 TAC §100.1011(3), is approved to begin operating during the term to be served by the charter school representative.

Language was also added in subsection (a) to indicate that at least one charter school must operate within the boundary of a regional education service center (RESC) on or after June 1 in order to require charter school representation on the RESC board of directors.

Language was added as new subsection (d) to include transitional time frames to provide charter school representation for the 2002-2003 school year.

The following comments were received regarding adoption of the new section.

Comment. A representative of the Texas Classroom Teachers Association asked the commissioner to make classroom teachers required members of regional education service center (RESC) boards in the same way that charter school members are becoming required members of the board.

Agency Response. The agency disagrees with the comment. Texas Education Code (TEC), §12.104(c), provides that the commissioner "shall adopt rules that provide for the representation of open- enrollment charter schools on the boards of directors of regional education service centers." There is no similar provision respecting classroom teachers on the boards of directors of regional education service centers.

Comment. A representative of the Texas Charter School Resource Center asked if the deadline for this year could be extended so that charter schools can have representation in the 2002-2003 school year.

Agency Response. The agency agrees with the comment and has modified the section to include transitional time frames permitting charter schools to have representation for the 2002-2003 school year.

Comment. A representative from an education service center asked if the commissioner will appoint a charter school representative to the RESC board when a charter has been approved to operate in the RESC boundaries, but is not yet operational, or will a representative only be appointed after a charter school is operational in the region.

Agency Response. The agency agrees with the comment and has modified the section to provide that the commissioner shall appoint a charter school representative when an open-enrollment charter school, as defined by 19 TAC §100.1011(3), is approved to begin operating during the term to be served by the charter school representative.

Comment. Relating to proposed §53.1002(c)(1), a representative from an education service center asked about the commissioner's options for appointing a charter school representative to the RESC board if applicants for a charter appointment are poorly qualified.

Agency Response. The agency disagrees with the comment. Proposed §53.1002(c)(1) requires that a charter school member of an RESC board of directors be a United States citizen, a resident of the State of Texas, and at least 18 years of age. By comparison, existing §53.1001(b)(1) provides that a traditional member of an RESC board of directors "must be a United States citizen, at least 18 years of age, and a resident of that education service center region. He or she may not be engaged professionally in education or be a member of a board of any educational agency or institution." The proposed §53.1002(c)(1) permits, but does not require, persons with specialized skill or knowledge in the field of education to serve as a charter school representative.

Comment. Relating to §53.1002(c)(1), a representative from an education service center asked about the procedures to follow if no charter school in the region desired representation on the RESC board.

Agency Response. Section 53.1002(c)(1) requires that a charter school member of an RESC board of directors be appointed where an RESC has at least one open-enrollment charter school approved to operate within its boundaries. TEC, §12.104(c), requires that all open-enrollment charter schools receive the same level of services from their RESC as is provided to school districts in the region. The desire of the charter school is not a statutory factor to be considered.

The new section is adopted under the Texas Education Code (TEC), §12.104, which authorizes the commissioner of education to adopt rules that provide for the representation of open-enrollment charter schools on the boards of directors of regional education service centers.

§53.1002.Charter School Representation on Board of Directors.

(a) Charter school member. Notwithstanding the provisions of §53.1001 of this title (relating to Board of Directors), where a regional education service center (RESC) has at least one open- enrollment charter school, as defined by §100.1011(3) of this title (relating to Definitions), approved to operate within its boundaries on or after June 1, the commissioner of education shall appoint a representative of the open-enrollment charter schools in the region to serve as a non- voting member of the board of directors of that RESC as provided by this section.

(b) Term of office.

(1) A charter school member of an RESC board of directors shall be appointed for a one-year term. The term of office shall begin June 1, and may be extended for up to three years by the commissioner.

(2) If a vacancy occurs due to death or resignation of a charter school member of an RESC board of directors, a 30-day period shall elapse, after notice has been given to the board chair, before the vacancy is filled.

(3) At the beginning of the 30-day period, notice of any vacancy shall be given to the president of the governing body and the chief executive officer of each open-enrollment charter school in the education service center region and shall be posted in appropriate locations.

(4) A vacancy for the unexpired term of a charter school member of an RESC board of directors shall be filled by appointment by the commissioner of education.

(1) A charter school member of an RESC board of directors must be a United States citizen and a resident of the State of Texas, and must be at least 18 years of age. A person may be appointed to serve as a charter school member of more than one RESC board of directors.

(2) Any eligible person wishing to seek appointment as a charter school member of an RESC board of directors shall file an application between February 1 and February 20. The application shall be in the form of a letter seeking appointment to a specific RESC board of directors. The letter must:

(A) include a description of the applicant's qualifications to serve as a charter member of the RESC board of directors;

(B) enclose letters of support signed by representatives from at least one open- enrollment charter school in the education service center region; and

(3) The application for appointment as a charter school member of an RESC board of directors may be filed by mail if sent by certified United States mail, return receipt requested, or by an overnight courier service. The envelope must be addressed to the Charter School Division, Texas Education Agency, 1701 N. Congress Avenue, Austin, Texas 78701-1494.

(4) Not later than May 31, the commissioner of education shall notify the board of directors of each qualifying RESC of the commissioner's appointee to serve as the charter school member of that RESC board of directors effective June 1.

(d) Transition period deadlines. Notwithstanding anything in this section, the following provisions shall govern where a charter school member of an RESC board of directors is appointed to a term of office that includes any of the period from June 1, 2002, through May 31, 2003:

(1) Any eligible person wishing to seek appointment as a charter school member of an RESC board of directors shall file an application during a period commencing on the tenth day following the effective date of this section and ending on the 30th day following the effective date of this section. The application shall be filed in accordance with the process specified in subsection (c) of this section.

(2) Not later than the 90th day following the effective date of this section, the commissioner of education shall notify the board of directors of each qualifying RESC of the commissioner's appointee to serve as the charter school member of that RESC board of directors.

(3) The term of office of a charter school member of an RESC board of directors appointed under this subsection shall begin on the day the commissioner of education notifies the board of directors of the qualifying RESC of the commissioner's appointee to serve as the charter school member of that RESC board of directors and shall expire May 31, 2003.

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 18, 2002.

TRD-200203828

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Effective date: July 8, 2002

Proposal publication date: March 22, 2002

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

Chapter 61. SCHOOL DISTRICTS

Subchapter GG. COMMISSIONER'S RULES CONCERNING COUNSELING PUBLIC SCHOOL STUDENTS

19 TAC §61.1071

The Texas Education Agency (TEA) adopts new §61.1071, concerning counseling public school students regarding higher education, with changes to the proposed text as published in the April 26, 2002, issue of the Texas Register (27 TexReg 3418). The new section incorporates the new requirement that the commissioner adopt rules regarding the provision of counseling about higher education to first-year, and then again senior-year, high school students or high school level open-enrollment charter school students, beginning with the 2002-2003 school year, in accordance with Senate Bill (SB) 158, 77th Texas Legislature, 2001.

TEC, Chapter 33, Service Programs and Extracurricular Activities, Subchapter A, School Counselors and Counseling Programs, was amended by SB 158, 77th Texas Legislature, 2001, to add §33.007, Counseling Regarding Higher Education. This new section includes the requirement that counselors provide information about higher education to students (and students' parents or guardians) during the first and senior years of high school enrollment. The information must include information regarding the importance of higher education; the advantages of completing the recommended or advanced high school program; the disadvantages of taking courses to prepare for a high school equivalency examination relative to the benefits of taking courses leading to a high school diploma; financial aid eligibility; instruction on how to apply for federal financial aid; the center for financial aid information established under TEC, §61.0776; the automatic admission of certain students to general academic teaching institutions as provided by TEC, §51.803; and the requirements for the TEXAS Grant program. TEC, §33.007, as added by SB 158, 77th Texas Legislature, 2001, requires the commissioner to adopt rules regarding the provision of counseling regarding higher education required by §33.007(b).

In response to comments, the following changes have been made to 19 TAC §61.1071 since published as proposed.

Language in subsection (b)(4)(B) was revised to clarify information about financial aid eligibility.

Language in subsection (b)(8)(D) was revised to require only district certification of a student's completion of the recommended or higher curriculum.

The following comments were received regarding adoption of the new section.

General Comments

Comment. A school counseling coordinator at Texas A&M University commented that the language in the proposed rule seemed appropriate, detailed enough to provide direction, and sufficiently comprehensive to reflect the intent of the law and to serve students. This individual also commented that the proposed rules did not address the responsibilities of elementary, middle, or junior high school counselors.

Agency response. The agency, in general, agrees with this comment. However, modifications have been made to the rules as a result of public comment. Additionally, as specified in the Texas Education Code (TEC), the commissioner's rulemaking authority only extends to TEC, §33.007(b), and does not include the provisions in TEC, §33.007(a), concerning elementary, middle, or junior high school counselors.

Comment. A coordinator of school counseling programs at Amberton University commented that the language in the proposed rule packet should help counselors organize and plan to effectively assist high school students in planning and transitioning into higher education programs.

Agency response. The agency, in general, agrees with this comment. However, modifications have been made to the rules as a result of public comment.

§61.1071(b)(4)(B)

Comment. The Texas Association of School Boards (TASB) expressed concerns that this section of the proposed rule would open a forum wherein districts must provide information from any and all organizations that provide financial aid. TASB further commented that the proposed rule might impact local public school districts' distribution of literature policies which vary across the state. TASB suggested that this section be deleted or amended to address this concern.

Agency response. The agency agrees that this is an important issue; the rules were developed with the intent of providing flexibility and support to local school districts. The agency has modified the section to clarify the intended flexibility.

§61.1071(b)(8)(D)

Comment. The Texas Counseling Association (TCA) commented that the language in the proposed rule provides guidance and specificity regarding the information counselors are to share with students, parents, and guardians. TCA also commented that the rules will help prioritize when students are to receive the information and ensure that all students receive consistent information about postsecondary opportunities, regardless of the district in which the student resides. However, TCA also expressed concern about counselors needing to certify a student's completion of coursework and suggested that the word "counselor" be deleted from this section.

Agency response. The agency agrees with this comment and has modified the section to reflect this change.

The new section is adopted under the Texas Education Code (TEC), §33.007, as added by Senate Bill 158, 77th Texas Legislature, 2001, which authorizes the commissioner to adopt rules regarding the provision of counseling regarding higher education as required by §33.007(b) to high school students or open-enrollment charter school students other than those for whom the 2001-2002 school year is the first or senior year of high school.

§61.1071.Counseling Public School Students Regarding Higher Education.

(a) In accordance with Texas Education Code (TEC), §33.007, a counselor shall provide certain information about higher education to a student and a student's parent or guardian during the first year the student is enrolled in a high school or at the high school level in an open-enrollment charter school and again during the student's senior year.

(b) The information that counselors provide in accordance with subsection (a) of this section must include information regarding all of the following:

(1) the importance of higher education, which:

(A) includes workforce education, liberal arts studies, science education, graduate education, and professional education to provide broad educational opportunities for all students;

(B) furthers students' intellectual and academic development; and

(2) the advantages of completing the recommended high school curriculum or higher, including, at a minimum, curriculum programs which:

(A) provide students with opportunities to complete higher-level course work, particularly in mathematics, science, social studies, and languages other than English, thereby:

(i) increasing students' readiness for higher education and reducing the need for additional preparation for college-level work;

(ii) preparing students for additional advanced work and research in both career and educational settings;

(iii) allowing students, in certain instances, to receive college credit for their high school course work; and

(iv) enabling students to be eligible for certain financial aid programs for which they would otherwise be ineligible (e.g., the TEXAS grant program);

(B) enable students to receive an academic achievement record noting the completion of either the recommended program or higher; and

(C) provide students who elect to complete the distinguished achievement program with an opportunity to demonstrate student performance at the college or career level by demonstrating certain advanced measures of achievement;

(3) the advantages of taking courses leading to a high school diploma relative to the disadvantages of preparing for a high school equivalency examination, including:

(A) the progressive relationship between education and income; and

(B) the greater possibility for post-secondary opportunities (including higher education and military service) that are available to students with a high school diploma;

(4) financial aid eligibility, including;

(A) the types of available aid, not limited to need-based aid, and including grants, scholarships, loans, tuition and/or fee exemptions, and work-study;

(B) the types of organizations that offer financial aid, such as federal and state government, civic or church groups, foundations, nonprofit organizations, parents' employers, and institutions of higher education; and

(5) instruction on how to apply for financial aid, including guidance and assistance in:

(A) determining when is the most appropriate time to complete financial aid forms; and

(B) completing and submitting the Free Application for Federal Student Aid (FAFSA) or any new version of this form as adopted by the U.S. Department of Education;

(6) the Texas Higher Education Coordinating Board's Center for Financial Aid Information, including its toll-free telephone line, its Internet website address, and the various publications available to students and their parents;

(7) the Automatic Admissions policy, which provides certain students who graduate in the top 10% of their high school class with automatic admission into Texas public universities; and

(8) the general eligibility and academic performance requirements for the TEXAS grant program, which allows students meeting the academic standards set by their college or university to receive awards for up to 150 credit hours or for six years or until they receive their bachelor's degree, whichever occurs first. The specific eligibility and academic performance requirements, along with certain exemptions to these requirements, are specified in Chapter 22, Subchapter L, of this title (relating to Toward Excellence, Access and Success (TEXAS) Grant Program). The general requirements include:

(A) Texas residency;

(B) financial need;

(D) completion of the recommended high school program or higher or, in the case of a public high school that did not offer all of the courses necessary to complete the recommended or higher curriculum, a certification from the district that certifies that the student completed all courses toward such a curriculum that the high school had to offer;

(E) enrollment of at least three-quarters time in an undergraduate degree or certificate program within 16 months of high school graduation, unless an allowable exemption is satisfied; and

(F) no conviction of a felony or crime involving a controlled substance, unless certain conditions are met.

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 24, 2002.

TRD-200203941

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Effective date: July 14, 2002

Proposal publication date: April 26, 2002

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