19 TAC §100.1207
The Texas Education Agency (TEA) proposes an amendment to §100.1207,
concerning open-enrollment charter schools. The section addresses student
admission procedures. The proposed amendment would set forth provisions concerning
student admission and enrollment for charter schools specializing in performing
arts.
The Texas Education Code (TEC), Chapter 12, Subchapter D, authorizes the
commissioner of education to adopt rules and procedures relating to the implementation
of open-enrollment charter schools. Previously, the TEC, §12.111(a)(6),
required that charter schools "prohibit discrimination in admission policy
on the basis of sex, national origin, ethnicity, religion, disability, academic,
artistic, or athletic ability, or the district the child would otherwise attend...."
House Bill (HB) 1111, 79th Texas Legislature, 2005, amended the TEC, §12.111(a)(6),
to permit charter schools specializing in performing arts to have admissions
policies that require students to demonstrate artistic ability. The bill also
added new TEC, §12.1171, to permit these schools to require applicants
to audition for admission. Accordingly, current commissioner rule (19 TAC §100.1207)
must be amended to permit charter schools specializing in performing arts
to admit students based on artistic ability.
The proposed amendment to 19 TAC §100.1207 would modify subsection
(d) to allow for this admission and enrollment exception for these specialized
charter schools. The proposed amendment would add a new subsection (e) that
sets forth the provisions concerning student admission and enrollment for
charter schools specializing in performing arts. The proposed new subsection
(e) would provide a definition of a "charter school specializing in performing
arts" and describe allowable components, in addition to the required academic
curriculum, that could be included in an educational program that has an emphasis
in one or more of the performing arts. The proposed new subsection (e) would
also address requiring students to demonstrate interest or ability in the
performing arts or to audition for admission. Other existing non-discrimination
provisions and eligibility criteria relating to admission and enrollment would
continue to apply.
Ernest Zamora, Associate Commissioner for Support Services, 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. Zamora 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 would be to provide information and guidance concerning the
permissibility of charter schools specializing in performing arts to admit
students based on artistic ability or audition. There will be no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the amendment.
The public comment period on the proposal begins July 14, 2006, and ends
August 13, 2006. 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, Chapter
12, Charters, Subchapter D, Open-Enrollment Charter School, which authorizes
the commissioner of education to adopt rules and procedures related to the
implementation of open-enrollment charter schools.
The amendment implements the Texas Education Code, §12.111 and §12.1171,
as amended and added by HB 1111, 79th Texas Legislature, 2005.
§100.1207.Student Admission.
(a) - (c)
(No change.)
(d)
Student admission and enrollment.
Except as provided
by this section, the
[
The
] governing body of the charter
holder must adopt a student admission and enrollment policy that:
(1)
(No change.)
(2)
specifies any type of non-discriminatory enrollment criteria
to be used at each charter school operated by the charter holder. Such non-discriminatory
enrollment criteria may make the student ineligible for enrollment based on
a history of a criminal offense, a juvenile court adjudication, or discipline
problems under Texas Education Code
(TEC)
, Chapter 37, Subchapter
A, documented as provided by local policy.
(e)
Student admission and enrollment at charter
schools specializing in performing arts. In accordance with the TEC, §12.111
and §12.1171, a charter school specializing in performing arts, as defined
in this subsection, may adopt a student admission and enrollment policy that
complies with this subsection in lieu of compliance with subsections (a) -
(d) of this section.
(1)
A charter school specializing in performing arts as used
in this subsection means a school whose open-enrollment charter includes an
educational program that, in addition to the required academic curriculum,
has an emphasis in one or more of the performing arts, which include music,
theatre, and dance. A program with an emphasis in the performing arts may
include the following components:
(A)
a core academic curriculum that is integrated with performing
arts instruction;
(B)
a wider array of performing arts courses than are typically
offered at public schools;
(C)
frequent opportunities for students to demonstrate their
artistic talents;
(D)
cooperative programs with other organizations or individuals
in the performing arts community; or
(E)
other innovative methods for offering performing arts learning
opportunities.
(2)
To the extent this is consistent with the definition of
a "public charter school" under the NCLB, as interpreted by the USDE, the
governing body of a charter holder that operates a charter school specializing
in performing arts may adopt an admission policy that requires a student to
demonstrate an interest or ability in the performing arts or to audition for
admission to the school.
(3)
The governing body of a charter holder that operates a
charter school specializing in performing arts must adopt a student admission
and enrollment policy that prohibits discrimination on the basis of sex, national
origin, ethnicity, religion, disability, academic or athletic ability, or
the district the child would otherwise attend under state law.
(4)
The governing body of a charter holder that operates a
charter school specializing in performing arts must adopt a student admission
and enrollment policy that specifies any type of non-discriminatory enrollment
criteria to be used at the charter school. Such non-discriminatory enrollment
criteria may make the student ineligible for enrollment based on a history
of a criminal offense, a juvenile court adjudication, or discipline problems
under TEC, Chapter 37, Subchapter A, documented as provided by local policy.
(f)
[
(e)
] Maximum enrollment; transfers.
Total enrollment shall not exceed the maximum number of students approved
in the open-enrollment charter. Students who reside outside the geographic
boundaries stated in the open-enrollment charter shall not be admitted to
the charter school until all eligible applicants who reside within the boundaries
and have submitted a timely application have been enrolled. Then, if the open-enrollment
charter so provides, the charter holder may admit transfer students to the
charter school in accordance with the terms of the open-enrollment charter.
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 30, 2006.
TRD-200603566
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 475-1497