Commissioner's Rules
Adopted New 19 TAC Chapter 61, School Districts, Subchapter JJ, Commissioner's Rules Concerning Automatic College Admission, §61.1201, Notification of Automatic College Admission
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted New 19 TAC Chapter 61, School Districts, Subchapter JJ, Commissioner's Rules Concerning Automatic College Admission, §61.1201, Notification of Automatic College Admission (PDF)
SUMMARY:
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 61, School Districts, Subchapter JJ, Commissioner's Rules Concerning Automatic College Admission, §61.1201, Notification of Automatic College Admission. The new rule implements the Texas Education Code (TEC), §28.026, Notice of Automatic College Admission. The TEC, §28.026, as amended by Senate Bill (SB) 175, 81st Texas Legislature, 2009, requires that the commissioner adopt procedures and appropriate forms to ensure that school districts provide high school students and parents with written notification of the substance of the TEC, §51.803, relating to automatic college admission. No changes were made to the rule since published as proposed.
STATUTORY AUTHORITY:
TEC, §28.026, as amended by SB 175, 81st Texas Legislature, 2009.
EFFECTIVE DATE:
May 9, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The TEC, §28.026, requires each high school in a school district to post appropriate signs in each counselor's office, in each principal's office, and in each administrative building indicating the substance of the TEC, §51.803, regarding automatic college admission. SB 175, 81st Texas Legislature, 2009, amended the TEC, §28.026, requiring the commissioner to adopt procedures to ensure that school districts provide high school students and the students' parents or guardians with written notification of the substance of the TEC, §51.803, relating to automatic college admission. The TEC, §28.026, also requires the commissioner to adopt forms for districts to use in providing notice to students and parents.
The adopted new 19 TAC §61.1201 establishes in rule procedures for consistent implementation of the statutorily required written notification. It also adopts in rule the appropriate form for use by school districts.
No changes were made to the rule since published as proposed.
FISCAL IMPACT:
The Texas Education Agency has determined that there are no additional costs to the state or persons required to comply with the rule action. Fiscal implications are anticipated for school districts to duplicate and distribute the notice of automatic admission to students and parents. Duplication costs for a one-page notice are anticipated to range from $12,000 to $20,000 per year on a statewide basis, assuming the notice is provided mainly to students registering for Grade 9.
In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT:
The new rule will ensure school districts consistently notify students of the substance of the automatic college admission policy.
PROCEDURAL AND REPORTING IMPLICATIONS:
The new rule has no procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
School districts will be required to obtain written acknowledgement of receipt of notification forms.
PUBLIC COMMENTS:
The public comment period on the proposal began December 25, 2009, and ended January 25, 2010. Following is a summary of public comments received and the corresponding agency response regarding proposed new 19 TAC Chapter 61, School Districts, Subchapter JJ, Commissioner's Rules Concerning Automatic College Admission, §61.1201, Notification of Automatic College Admission.
Comment: Two counselors and one individual from Wichita Falls Independent School District commented that the new rule does not give the school district adequate time after the end of the semester to finalize grades and notify eligible students. The commenters requested that the timeline be extended.
Agency Response: The agency disagrees and maintains language as published as proposed. SB 175, 81st Texas Legislature, 2009, prescribes the time allowed for school districts to send out notification to students and parents. The TEC, §28.026(a)(4), requires school districts to provide written notification no later than 14 days after the last day of classes for the fall semester or an equivalent date in the case of a school operated on a year-round system.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Anita Givens, Associate Commissioner, Standards and Programs
Norma Torres-Martinez, Deputy Associate Commissioner, Standards and Alignment
Monica Martinez, Managing Director, Curriculum
For additional information, email rules@tea.state.tx.us.