Commissioner's Rules
Adopted New 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1029, Optional Flexible Year Program
Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted New 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1029, Optional Flexible Year Program (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 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1029, Optional Flexible Year Program. The adopted new section addresses the provisions for approval and operation of a flexible year program that were codified in 19 TAC §61.1017, Optional Flexible Year Program. The adopted new section organizes the provisions for an optional flexible year program (OFYP) with other rules concerning student attendance and includes a change to remove the requirement related to when OFYP applications must be submitted to the Texas Education Agency (TEA). No changes were made to the rule since published as proposed.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §29.0821.
EFFECTIVE DATE:
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 Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1017, Optional Flexible Year Program, 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.
In a separate rule action, the TEA is adopting the repeal of 19 TAC §61.1017 so the provisions for an OFYP can be organized in 19 TAC Chapter 129 with other rules concerning student attendance. Adopted new 19 TAC §129.1029, Optional Flexible Year Program, is substantively similar to §61.1017 except that it removes the requirement that applications for the OFYP be submitted 90 days before the first day of the proposed instructional calendar in which the school district is requesting to implement the program.
No changes were made to the rule 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 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 new rule places the OFYP rule with other rules concerning student attendance, making it easier for the public to find information on the program. Also, the new rule removes the overly burdensome requirement that applications for the OFYP be submitted 90 days before the first day of the proposed instructional calendar in which the school district is requesting to implement the program.
PROCEDURAL AND REPORTING IMPLICATIONS:
None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
None.
PUBLIC COMMENTS:
The public comment period on the proposal began September 12, 2008, and ended October 13, 2008. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Shirley Beaulieu, Associate Commissioner, Finance / CFO
Lisa Dawn-Fisher, Deputy Associate Commissioner, School Finance
Belinda Dyer, Director, Forecasting and Fiscal Analysis
For additional information, email rules@tea.state.tx.us.