Commissioner's Rules
Adopted New 19 TAC Chapter 70, Technology-Based Instruction, Subchapter AA, Commissioner's Rules Concerning the Texas Virtual School Network (TxVSN)
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted New 19 TAC Chapter 70, Technology-Based Instruction, Subchapter AA, Commissioner's Rules Concerning the Texas Virtual School Network (TxVSN) (PDF)
III. Summary of Public Comments and Agency Responses
SUMMARY:
The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 70, Technology-Based Instruction, Subchapter AA, Commissioner's Rules Concerning the Texas Virtual School Network (TxVSN). The adopted new rules provide guidance for school districts, charter schools, and other entities participating in the TxVSN, in accordance with the Texas Education Code (TEC), Chapter 30A.
STATUTORY AUTHORITY:
TEC, §30A.051(b).
EFFECTIVE DATE:
Februray 27, 2013.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
In 2003, the 78th Texas Legislature established the electronic course program, allowing districts to offer electronic courses through a full-time online program. The TEC, Chapter 30A, State Virtual School Network, added by the 80th Texas Legislature, 2007, provided for the establishment of a state virtual school network to provide supplemental online courses to high school students. In 2009, House Bill 3646, 81st Texas Legislature, incorporated the electronic course program under the state virtual school network.
The TEC, §30A.051(b), authorizes the commissioner of education to adopt rules necessary to implement the state virtual school network, including the establishment of requirements for an informed choice report, procedures governing the verification of teacher professional development, and a standard agreement governing the payment of fees for courses taken through the state virtual school network. Adopted new 19 TAC Chapter 70, Subchapter AA, establishes the following provisions.
Adopted new §70.1001, Definitions, defines applicable words and terms. In response to public comment, the following changes were made at adoption.
The definition of a TxVSN receiver district was modified to add specific reference to the TxVSN statewide course catalog.
The definition of the TxVSN statewide course catalog was modified to delete the language "for students in Grades 8-12."
Adopted new §70.1003, Texas Virtual School Network Governance, establishes the administrative functions and responsibilities related to the TxVSN program. No changes were made to this rule since published as proposed.
Adopted new §70.1005, Texas Virtual School Network Course Requirements, addresses required criteria for electronic courses offered through the TxVSN and conditions an entity must meet to offer a course for submission. The adopted new rule also outlines the appeals process for courses that are not approved. In response to public comment, the following change was made at adoption.
Accessibility requirements in subsection (a)(1)(F) were modified to strike "the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines" after determining that compliance with the U.S. Rehabilitation Act, §508, and the TxVSN accessibility guidelines was sufficient.
Adopted new §70.1007, Texas Virtual School Network Provider District Eligibility and Program Requirements, addresses the eligibility requirements for entities to serve as provider districts in the TxVSN statewide course catalog. In response to public comment, the following changes were made at adoption.
Subsection (a) was modified to add "statewide course catalog" before "provider districts" for clarification.
Subsection (b)(2) was modified to change "acceptance" to "enrollment" for clarification.
Adopted new §70.1009, Texas Virtual School Network Online School Eligibility, sets forth the eligibility criteria for an entity to serve as a TxVSN online school. No changes were made to this rule since published as proposed.
Adopted new §70.1011, Texas Virtual School Network Online School Program Requirements, establishes the program requirements for TxVSN online schools, including application for approval to serve specific grade levels and approval for maximum enrollments. In response to public comment, the following changes were made at adoption.
Subsection (e)(13)(A) was modified to clarify fiscal documentation requirements.
Subsections (f) and (g) were modified for clarification by striking the phrase "School districts and charter schools serving as."
Subsections (f)(3) was modified for consistency with current practice by replacing the word "reimburse" with "subsidize or reimburse." Additionally, subsection (g)(3)(C) was modified to replace the word "reimbursement" with "subsidy or reimbursement."
Adopted new §70.1013, Texas Virtual School Network Student Eligibility, addresses the criteria for students to enroll in courses offered through the TxVSN, including full-time enrollment. In response to public comment, the following changes were made at adoption.
Subsection (b)(1) was modified to align more closely with statute by striking the phrase "for at least one full grading period."
New subsections (c) and (d) were added to provide for a ten-day provisional enrollment pending evidence of eligibility.
Adopted new §70.1015, Texas Virtual School Network Enrollment, Advancement, and Withdrawal, establishes enrollment requirements for students taking courses through the TxVSN statewide course catalog or the online schools program. The adopted rule also establishes guidelines for withdrawal from and successful completion of TxVSN courses. No changes were made to this rule since published as proposed.
Adopted new §70.1017, Texas Virtual School Network Compulsory Attendance, establishes that students are not required to be in physical attendance while participating in TxVSN courses and that if a student successfully completes a course or program, the student is considered to have met all attendance requirements for that course or program. No changes were made to this rule since published as proposed.
Adopted new §70.1019, Public or Private Institutions of Higher Education, establishes guidelines under which a Texas public or private institution of higher education could serve students across the state through the TxVSN. No changes were made to this rule since published as proposed.
Adopted new §70.1021, Private Entities Providing Online Courses, clarifies that private entities supplying courses through the TxVSN are not accredited or approved by the Texas Education Agency (TEA) or the State of Texas. No changes were made to this rule since published as proposed.
Adopted new §70.1023, Accountability, addresses the requirement that public school students enrolled in courses offered through the TxVSN Online School (OLS) program take all required state assessments. The adopted rule also establishes that school districts and charter schools participating in the TxVSN OLS program will be included in the state accountability system. In response to public comment, the following changes were made at adoption.
Subsection (a) was modified to remove the phrase "courses through" to make clear that accountability requirements apply to both the TxVSN OLS program and the TxVSN statewide course catalog.
Subsection (b) was modified to change "TxVSN" to "TxVSN Online School (OLS) program" for clarity.
Adopted new §70.1025, Statewide Course Catalog Fees, sets forth criteria related to fees that may be charged for enrollment in courses offered through the TxVSN. In response to public comment, the section was reorganized for clarity and to distinguish between course cost and fees, as follows.
New subsection(a), previously proposed as subsection (c)(2), was added to clarify that a TxVSN course cost, rather than a fee, may not exceed the lesser of the cost of providing the course or $400. Subsequent subsections were re-lettered accordingly.
Subsection (b), previously proposed as subsection (a), was modified to address when a student may be charged the course cost for enrollment, including a student who enrolls in a greater than normal course load or who enrolls during the summer.
Subsection (c) was modified to address provisions relating to charging the course cost to a student who is not enrolled in a school district or charter school.
New subsection (d), previously proposed as subsection (c)(1), was added with no change to the proposed language.
New subsection (e), previously proposed as subsection (a)(1) and (2), was added to address when a student may be charged a nominal fee for enrollment, including students who enroll in a greater than normal course load or who are under supervision of the juvenile probation department or state agency.
Subsection (f), previously proposed as subsection (d), was not changed.
Adopted new §70.1027, Requirements for Educators of Electronic Courses, establishes the professional development requirements for teachers of online courses offered through the TxVSN and requirements for districts and charter schools regarding the maintenance of records documenting the completion of professional development. In response to public comment, the following change was made at adoption.
Subsection (a)(1)(A) was modified to add "or" at the end of the statement to clarify that a teacher must meet one of the three criteria specified in subsection (a)(1)(A)-(C).
Adopted new §70.1029, Texas Virtual School Network Participation and Performance Standards, addresses the standards a school district or charter school must meet in order to continue to participate in the TxVSN and establishes the conditions under which a school district or charter school might have its participation in the TxVSN revoked. In response to public comment, the following change was made at adoption.
Paragraph (3) was modified to change "and" to "or" to clarify that any one of the conditions may result in revocation of participation in the TxVSN.
Adopted new §70.1031, Informed Choice Reports, identifies the information to be included on required informed choice reports for each electronic course offered through the TxVSN. No changes were made to this rule since published as proposed.
Adopted new §70.1033, Local Policy Regarding Electronic Courses, addresses the requirement that each school district and charter school adopt a policy regarding student enrollment in the TxVSN statewide course catalog. No changes were made to this rule since published as proposed.
Adopted new §70.1035, Rights Concerning the Texas Virtual School Network, sets forth requirements regarding notification to parents and students of opportunities to enroll in courses offered through the TxVSN and outlines student rights regarding enrollment. The adopted new rule also outlines the appeal process for a school district's or charter school's decision to deny a request to enroll a student in an electronic course offered through the TxVSN. In response to public comment, the following change was made at adoption.
Subsection (e)(3) was modified to clarify options a district may use if required to enroll a student who was unreasonably denied the opportunity to enroll in an electronic course.
FISCAL IMPACT:
The TEA has determined that there are no 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 new rules provide students with additional course options and flexibility in completing course requirements for graduation. Additionally, the adopted new rules provide for an additional alternative educational setting for students in Grades 3-8.
PROCEDURAL AND REPORTING IMPLICATIONS:
Entities participating as providers in the TxVSN must provide certain information, including submitting courses for review, notifying parents and students of a student's acceptance to participate in a TxVSN online school, and making informed choice reports available.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
Participating school districts and charter schools are required to retain all financial and programmatic records specific to the TxVSN contract, including documentation of teacher certification and professional development, documentation of students' successful completion, verification of compulsory attendance, documentation of fiscal management, records that support program of instruction, and records that document student participation in the TxVSN online school and grades earned.
PUBLIC COMMENTS:
The public comment period on the proposal began November 9, 2012, and ended December 10, 2012. Attachment III reflects a summary of the public comments received and corresponding agency responses regarding proposed new 19 TAC Chapter 70, Technology-Based Instruction, Subchapter AA, Commissioner's Rules Concerning the Texas Virtual School Network (TxVSN).
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Anita Givens, Associate Commissioner, Standards and Programs
Monica Martinez, Managing Director, Curriculum Division
For more information, email rules@tea.state.tx.us.