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18_04 Proposed Amendment to 19 TAC §129.1027

Commissioner's Rules

Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1027, Optional Flexible School Day Program

Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1027, Optional Flexible School Day Program (PDF)
SUMMARY: The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes an amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1027, Optional Flexible School Day Program. The proposed amendment would update the rule to reflect statutory changes resulting from House Bill (HB) 3706, 85th Texas Legislature, Regular Session, 2017, that allow school districts to offer online dropout recovery programs as part of an Optional Flexible School Day Program (OFSDP).

STATUTORY AUTHORITY: Texas Education Code (TEC), §29.081 and §29.0822, as amended by HB 3706, 85th Texas Legislature, Regular Session, 2017.

TEC, §29.081, as amended by HB 3706, 85th Texas Legislature, Regular Session, 2017, establishes criteria for community-based campus and Internet online dropout recovery education programs.

TEC, §29.0822, as amended by HB 3706, 85th Texas Legislature, Regular Session, 2017, authorizes an OFSDP to allow a student to enroll in a dropout recovery program in which courses are conducted online and creates an exception regarding the number of instructional hours required and the minimum number of minutes required for students enrolled in an online dropout recovery program. TEC, §29.0822(d), authorizes the commissioner to adopt rules for the administration of an OFSDP.

EARLIEST POSSIBLE DATE OF ADOPTION: June 11, 2018.

PROPOSED EFFECTIVE DATE: August 8, 2018.

BACKGROUND INFORMATION AND JUSTIFICATION: The TEC, §29.0822, authorizes the commissioner of education to adopt rules for the administration of OFSDPs provided by school districts and open-enrollment charter schools for certain eligible students. Section 129.1027 specifies in rule OFSDP general provisions, definitions, student eligibility, application requirements, attendance and funding criteria, program operation requirements, and review and evaluation provisions, as well as circumstances under which OFSDP authorization would be revoked or denied. HB 3706, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §29.081 and §29.0822, to allow school districts to offer online dropout recovery programs as part of an OFSDP in addition to campus-based programs. Unlike a campus-based program, statute requires that an online program have curriculum credentials, certifications, or other course offerings related directly to employment opportunities in the state. Additionally, the statute outlines a variety of requirements to ensure quality and accountability for an online program, including the use of an individual learning plan, an academic coach for each student, monthly reporting to the student's school district regarding the student's progress, and minimum education requirements for faculty and administrators.

To implement HB 3706, the proposed amendment to §129.1027 would add a definition for community-based dropout recovery education program, change the definition for instructional contact hours to include instruction provided by faculty with a baccalaureate or advanced degree, and update student eligibility to include students who have dropped out of school and students attending community-based dropout recovery education programs.

In addition, subsection (b)(1)(B) would be amended to remove outdated language referencing innovative redesign as described by 19 TAC §97.051(7)(B). Instead, a definition for campus of innovative redesign would be added as new subsection (a)(2). Cross references to statute and other administrative rules would also be updated.

FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years, the proposed rulemaking does not create or eliminate a government program and will not require an increase or decrease in future legislative appropriations to the agency. The proposed rulemaking does not require the creation of new employee positions, eliminate current employee positions, nor require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, repeal, or limit an existing regulation, nor does it increase or decrease the number of individuals subject to its applicability. The proposed rulemaking should not impact positively or negatively the state's economy.

PUBLIC AND STUDENT BENEFIT: The amendment would implement new provisions in TEC, §29.081 and §29.0822, that provide campuses and districts with flexibility to increase graduation rates and prepare at-risk students to enter the workforce.

PROCEDURAL AND REPORTING IMPLICATIONS: Under §129.1027(d), school districts and open-enrollment charter schools are required to report annually through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) students participating in an OFSDP. The proposed amendment would add a new TSDS PEIMS code for a community-based internet online dropout recovery education program.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Any locally maintained paperwork requirements resulting from the proposed amendment would correspond with and support the stated procedural and reporting implications.

PUBLIC COMMENTS: The public comment period on the rule action begins May 11, 2018, and ends June 11, 2018.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 11, 2018.

Staff Members Responsible:
Leo Lopez, Associate Commissioner, School Finance / Chief School Finance Officer
Al McKenzie, Director, State Funding
Nora Rainey, Manager, State Funding 

 

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