Adopted Repeal of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1017, Optional Flexible Year Program
I. Statutory Citation (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1017, Optional Flexible Year Program (PDF)
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 the repeal of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1017, Optional Flexible Year Program. The adopted rule action repeals the Optional Flexible Year Program (OFYP) rule so it can be organized with other rules concerning student attendance in 19 TAC Chapter 129, Student Attendance. No changes were made to the rule since published as proposed.
Texas Education Code (TEC), §29.0821.
November 20, 2008
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
TEC, §29.0821, authorizes the commissioner of education to adopt rules for the administration of flexible year programs provided by school districts and open-enrollment charter schools for students who did not or are likely not to perform successfully on state assessment instruments or who would not otherwise be promoted to the next grade level. Through 19 TAC §61.1017, adopted to be effective October 18, 2005, the commissioner exercised rulemaking authority, specifying in rule general provisions, student eligibility, program criteria, approval process, and funding for an OFYP.
The adopted rule action repeals 19 TAC §61.1017, Optional Flexible Year Program. New 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1029, Optional Flexible Year Program, is being adopted in a separate rule action. The adopted repeal and new rule organize the provisions for an OFYP in the same chapter as other rules concerning student attendance.
No changes were made to the rule since published as proposed.
The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. 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 repeal allows the OFYP rule to be organized with other rules concerning student attendance, making it easier for the public to find information on the program.
PROCEDURAL AND REPORTING IMPLICATIONS:
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The public comment period on the proposal began September 12, 2008, and ended October 13, 2008. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Shirley Beaulieu, Associate Commissioner, Finance / CFO
Lisa Dawn-Fisher, Deputy Associate Commissioner, School Finance
Belinda Dyer, Director, Forecasting and Fiscal Analysis
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