Commissioner's Rules
Adopted Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter DD, Commissioner's Rules Concerning High School Equivalency Programs
Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter DD, Commissioner's Rules Concerning High School Equivalency Programs (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 revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter DD, Commissioner's Rules Concerning High School Equivalency Programs. The adopted revisions update attendance and funding rules for High School Equivalency Programs (HSEPs) to correspond with other administrative rules that provide for alternative attendance accounting programs. The adopted revisions also clarify student eligibility criteria, update the assessment requirement for a student entering an HSEP, and make minor technical corrections throughout the subchapter.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §29.087.
EFFECTIVE DATE:
April 28, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The TEC, §29.087(n), authorizes the commissioner to adopt rules for the implementation and administration of HSEPs. The rules adopted in 19 TAC Chapter 89, Subchapter DD, implement the provisions of the TEC, §29.087.
The adopted revisions modify the existing HSEP attendance accounting and funding rules to match those for the Optional Flexible School Day Program. The adopted revisions also clarify student eligibility criteria, update the assessment requirement for a student entering an HSEP, and make minor technical corrections. Following is a description of the adopted rule actions.
Section 89.1401, Definitions, is repealed and adopted as new §89.1401, Purpose. No changes were made to these sections since published as proposed.
Section 89.1403, Student Eligibility, is modified in paragraph (2)(D) to clarify student eligibility criteria. Language in clause (ii) addressing students who left school prior to Grade 9 is removed in alignment with the TEC, §29.087(d)(2)(D). Also, language in clause (i) is reorganized as subparagraph (D) for clarification purposes. The provision in subparagraph (D) allows students who left school prior to enrollment in Grade 9, but were subsequently served in other educational settings that resulted in their Grade 9 enrollment two years prior to the initial participation in an HSEP, to be served by an HSEP as long as they meet the criteria specified in §89.1403(1) or (2). Minor technical corrections have also been made in the section. No changes were made to this section since published as proposed.
Section 89.1405, Application to Operate a High School Equivalency Program, is amended to make minor technical corrections. No changes were made to this section since published as proposed.
Section 89.1409, Assessment, is updated in subsection (a) to reflect the assessment requirement for a student entering an HSEP. A corresponding update is made in subsection (c). Minor technical corrections are also made in the section. At the advice of agency legal counsel, a change was made in subsection (a) at adoption to clarify Grade 9 assessment requirements beginning with the 2011-2012 school year.
Section 89.1411, Attendance, is modified in subsection (a) to reflect an increase from six to ten hours in the maximum number of hours of instruction in an HSEP that a student may attend per day. Subsection (c) is changed to require that school districts or open-enrollment charter schools report total contact minutes instead of total contact hours and identify any excess minutes, instead of hours, not eligible for funding. Minor technical corrections are also made in the section. No changes were made to this section since published as proposed.
Section 89.1413, Funding Under Texas Education Code, Chapters 41, 42, and 46, is changed in subsection (a)(2), regarding the minimum amount of instructional time a student must receive in a given day for instructional contact time to be recorded, from 2 hours to 45 minutes. The existing subsection (a)(4), which requires instructional contact time to be recorded in 30-minute increments, is deleted, and subsequent paragraphs have been renumbered. In former subsection (a)(6), renumbered as subsection (a)(5), a sentence stating that school districts are permitted to designate students receiving instruction in HSEPs as either full-day eligible or half-day eligible is removed. In that same paragraph, a change is made in the maximum amount of instructional time allowed each school day for a student receiving instruction in an HSEP. In former subsection (a)(7), renumbered as subsection (a)(6), the existing formula for determining instructional contact time for a six-week period for students receiving instruction in an HSEP has been removed. Minor technical corrections are also made in the section. No changes were made to this section since published as proposed.
Section 89.1415, Extracurricular Participation, is amended to make minor technical corrections. No changes were made to this section since published as proposed.
Section 89.1417, Conditions of Program Operation, is modified in subsection (a) to allow flexibility in the manner in which data is collected. Subsection (d) is also modified to clarify that a seven-hour school day is the minimum length of time that must be offered to a student enrolled in an HSEP. A minor technical correction is made in subsection (e). No changes were made to this section since published as proposed.
Section 89.1419, Revocation of Authorization to Operate a High School Equivalency Program, is modified in subsection (e) to clarify reference to the TEC. Minor technical edits have also been made in the section. No changes were made to this section since published as proposed.
FISCAL IMPACT:
The TEA has determined that there are no additional costs to persons or entities required to comply with the rule actions. 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 adopted revisions bring attendance accounting and funding rules for the HSEP in line with those for other alternative attendance accounting programs, making attendance accounting easier for school districts.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted amendment to §89.1417, Conditions of Program Operation, allows for flexibility in the manner in which data is collected on behalf of the General Educational Development Testing Service. No additional data collection is anticipated.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
No new locally maintained paperwork requirements are anticipated.
PUBLIC COMMENTS:
The public comment period on the proposal began October 9, 2009, and ended November 9, 2009. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
None.
ALTERNATIVES:
None.
Staff Members Responsible:
Julie Harris-Lawrence, Deputy Associate Commissioner, Student Services and GED
Priscilla Gonzalez-Flores, Senior Advisor, Student Services and GED
Ron Heinrich, Student Services and GED
For additional information, email rules@tea.state.tx.us.