Commissioner's Rules
Adopted Amendment to 19 TAC Chapter 61, School Districts, Subchapter FF, Commissioner's Rules Concerning High School Diplomas for Certain Veterans, §61.1061, Application Form for Diploma and Evidence of Eligibility
Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 61, School Districts, Subchapter FF, Commissioner's Rules Concerning High School Diplomas for Certain Veterans, §61.1061, Application Form for Diploma and Evidence of Eligibility (including Figure: 19 TAC §61.1061(c)) (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 an amendment to 19 TAC Chapter 61, School Districts, Subchapter FF, Commissioner's Rules Concerning High School Diplomas for Certain Veterans, §61.1061, Application Form for Diploma and Evidence of Eligibility. The adopted amendment implements the requirements of the Texas Education Code (TEC), §28.0251, as amended by the 82nd Texas Legislature, 2011. No changes were made to the rule or application form since published as proposed.
STATUTORY AUTHORITY:
TEC, §28.0251.
EFFECTIVE DATE:
July 12, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The TEC, §28.0251, allows a school district to issue a high school diploma to a person who is an honorably discharged member of the armed forces of the United States; was scheduled to graduate from high school after 1940 and before 1975; and left high school before graduation to serve in World War II, the Korean War, or the Vietnam War. A school district may issue a diploma to an eligible veteran notwithstanding the fact that the person holds a high school equivalency certificate or is deceased. The TEC, §28.0251(c), requires the commissioner by rule to adopt a form for a diploma application to be used by certain veterans (or a person acting on behalf of a deceased veteran) to obtain a high school diploma and specify acceptable evidence of eligibility of such a diploma. Section 61.1061 was adopted effective August 12, 2001, and amended effective June 11, 2006, in accordance with statute.
Senate Bill 966, 82nd Texas Legislature, 2011, amended the TEC, §28.0251. The amendment extended eligibility to individuals who were scheduled to graduate from high school after 1989 and left school after completing Grade 6 or higher, but before graduating from high school, to serve in the Persian Gulf War; the Iraq War; the war in Afghanistan; or any other war formally declared by the United States, military engagement authorized by the United States Congress, military engagement authorized by a United Nations Security Council resolution and funded by the United States Congress, or conflict authorized by the president of the United States under the War Powers Resolution of 1973 (50 United States Code §1541 et seq.).
The adopted amendment to 19 TAC §61.1061 updates the rule to reflect the extended eligibility and the additional specified wars. The application form provided as part of the rule has also been updated accordingly.
No changes were made to the rule or application form since published as proposed.
FISCAL IMPACT:
The Texas Education Agency has determined that there are no fiscal implications to persons or entities required to comply with the 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 amendment acknowledges the service of veterans who left school before graduation to serve in the Persian Gulf War; the Iraq War; the war in Afghanistan; or any other war formally declared by the United States, military engagement authorized by the United States Congress, military engagement authorized by a United Nations Security Council resolution and funded by the United States Congress, or conflict authorized by the president of the United States under the War Powers Resolution of 1973.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted rule action has no new procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted rule action has no new locally maintained paperwork requirements.
PUBLIC COMMENTS:
The public comment period on the proposal began March 30, 2012, and ended April 30, 2012. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Anita Givens, Associate Commissioner, Standards and Programs
Norma Torres-Martinez, Director of Standards and Alignment, Standards and Programs
Monica Martinez, Managing Director, Curriculum
For more information, email rules@tea.state.tx.us.