19 TAC §89.1403, §89.1409
The Texas Education Agency (TEA) proposes amendments to §89.1403
and §89.1409, concerning high school equivalency programs. The sections
address student eligibility and assessment. The proposed amendments would
clarify conditions for students to be eligible to participate in the program
and required assessments of these students.
In accordance with the Texas Education Code (TEC), §29.087, High School
Equivalency Programs, the commissioner of education exercised rulemaking authority
establishing 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 the high school equivalency examination.
The commissioner's rules in 19 TAC Chapter 89, Subchapter DD, adopted to be
effective November 2001, establish definitions, requirements, and procedures
for implementation of an in-school General Educational Development (GED) program.
Rules in 19 TAC Chapter 89, Subchapter DD, were amended to be effective May
2004, to implement legislation passed during the 78th Texas Legislature, 2003.
During the recent required review of rules in 19 TAC Chapter 89, staff identified
the need to update rules in this subchapter to clarify provisions relating
to students entering high school equivalency programs and to remove repetitive
language. The proposed amendments to 19 TAC Chapter 89, Subchapter DD, include
amendments to §89.1403, Student Eligibility, and §89.1409, Assessment,
as follows.
Section 89.1403 would be modified by dividing paragraph (2)(D) into two
options to clarify conditions under which a student is eligible to participate
in a High School Equivalency Program.
Section 89.1409, would be modified by deleting subsection (e) because it
repeats the assessment requirement specified in subsection (a)(1). In accordance
with the TEC, §29.087(f), 19 TAC §89.1409(a) requires a student
participating in an approved high school equivalency program to take the assessment
instruments specified by the 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. 19 TAC §89.1409(b)
provides that students entering a high school equivalency program by order
of the court pursuant to the Code of Criminal Proceedings or by order of the
Texas Youth Commission are exempt from the assessment requirements specified
in subsection (a).
Judy de la Garza, deputy associate commissioner for school support services,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendments.
Ms. de la Garza has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amendments would be clarification for students desiring to obtain
a high school credential through the high school equivalency program. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the amendments.
The public comment period on the proposal begins June 16, 2006, and ends
July 16, 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 amendments 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 amendments are proposed under the Texas Education Code, §29.087,
which authorizes the commissioner of education to adopt rules to implement
the requirement that the TEA 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 amendment implements 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)
either:
(i)
at least two school years have elapsed
since the student first enrolled in Grade 9 and the student has accumulated
less than one third of the credits required to graduate under the minimum
graduation requirements of the district or school; or
(ii)
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.
[
(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 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.
]
§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)
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 assessment instruments required by this subsection
cannot take the GED until after the individual's 18th birthday.
(d)
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.
[
(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 subsection (a)(1) of 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 June 5, 2006.
TRD-200603028
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 475-1497