PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES
The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter D, §4.86, concerning the establishment of College Connect Courses, an optional program for institutions of higher education to offer high school students. Specifically, this new section will clarify and assure institutions' ability to offer innovatively designed dual credit or dual enrollment programs within the scope of existing law.
The Coordinating Board proposes the establishment of the College Connect Courses rule framework to provide an optional foundation for public institutions of higher education to deliver innovatively designed courses integrating college-level content for secondary-level students. Institutions have the option to deliver courses in one of two modalities already in use: dual credit or dual enrollment.
These courses will interweave standard college-level coursework in the institution's core curriculum with supportive integrated skills curriculum designed to give high school students tools to take on college-level work. Institutions already have legal authority to offer college-level coursework to students (Texas Education Code §28.009); this rule provides more detailed guidance on an optional framework built on that existing authority.
Subsection 4.86(a) states the authority for these rules, which are promulgated under Texas Education Code (TEC) §§28.009(b), 130.001(b)(3)-(4), and 130.008.
Subsection 4.86(b) states the purpose of this new rule, which is to provide an optional foundation to encourage public institutions of higher education to offer these innovatively designed courses, giving secondary students exposure to both college-level content and supportive college readiness skills.
Subsection 4.86(c) lists criteria for student eligibility to enroll in these classes. Students must either demonstrate having met college readiness standards in accordance with TEC chapter 51, subchapter. F-1, or they must show exemption from that statute as non-degree-seeking or non-certificate-seeking students under TEC §51.338(a).
Subsection 4.86(d) pertains to the course content of College Connect Courses. The rule encourages institutions to offer College Connect Courses from their core curriculum catalog, as those courses must transfer across public institutions of higher education in Texas (TEC §61.822). In addition, this rule stipulates that, for students who have not yet demonstrated readiness under proposed subsection 4.86(c)(2), institutions should provide supplemental instructional content to support these students through a method at their discretion.
Subsection 4.86(e) provides that Coordinating Board staff may provide technical assistance upon request. The Coordinating Board has existing plans and authorization to develop course material that may be of assistance to institutions seeking to offer College Connect Courses.
Subsection 4.86(f) contains additional academic policies. This subsection states that students enrolled in these courses must finish with two grades, with the college-level grade determined according to a method determined by the institution. Institutions must also enter into institutional agreements to offer College Connect Courses, in accordance with TEC §28.009(b-2). This subsection encourages institutions to adopt academic policies that provide a maximum latitude to drop the college-level component, currently a matter of institutional policy. College Connect Course hours do not count against the excess semester credit hour limit for funding, in accordance with TEC §61.0595(d)(5).
Subsection 4.86(g) contains funding and tuition policies specifically for College Connect Courses offered through the dual credit option. This subsection restates current statute related to funding and tuition, including that dual credit courses may receive formula funding under TEC §61.059 and that institutions may waive tuition for dual credit courses under TEC §54.216.
Dr. Jennielle Strother, Assistant Commissioner for Student Success, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Dr. Jennielle Strother, Assistant Commissioner for Student Success, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be providing a foundation for institutions of higher education to offer innovatively designed, supportive college-level coursework for secondary-level students. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Dr. Jennielle Strother, Assistant Commissioner for Student Success, P.O. Box 12788, Austin, Texas 78711-2788, or via email at CRI@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The new section is proposed under Texas Education Code, Sections 28.009(b), which provides the Coordinating Board with existing authority to adopt rules as necessary concerning dual credit programs, and 130.008(a-3), which gives the Coordinating Board existing authority to adopt rules regarding existing courses for joint high school and junior college credit.
The proposed new section affects Texas Education Code, Sections 28.009, 130.001(b), and 130.008, and Texas Administrative Code, chapter 4, subchapter D, sections 4.83(7) and (8).
§4.86.Optional Dual Credit or Dual Enrollment Program: College Connect Courses.
(a) Authority. These rules are authorized by Texas Education Code §§28.009(b), 130.001(b)(3) - (4), and 130.008.
(b) Purpose. The purpose of this rule is to encourage and authorize public institutions of higher education to deliver innovatively designed dual credit or dual enrollment courses that integrate both college-level content in the core curriculum of the institution alongside college-readiness content and skills instruction. These innovatively designed courses will allow students the maximum flexibility to obtain college credit and provide integrated college readiness skills to students who are on the continuum of college readiness and will benefit from exposure to college-level content.
(c) Student eligibility. An eligible student must be enrolled in a public school district or open-enrollment charter as defined in Texas Education Code §5.001(6). An institution of higher education may offer College Connect Courses to:
(1) A student who has met the college readiness standards set forth in subchapter C, §4.57 of this chapter (relating to College Ready Standards); or
(2) A student who has not yet demonstrated college readiness by achieving minimum passing standards set forth in §4.57 of this chapter, if the student is:
(A) a non-degree-seeking or non-certificate seeking student under Texas Education Code §51.338(a); and
(B) has earned not more than 14 semester credit hours of college credits at an institution of higher education; or
(C) a student who is otherwise exempt from the Texas Success Initiative, as set forth in subchapter C, §4.54 of this chapter (relating to Exemptions, Exceptions, and Waivers).
(d) Course content. The following standards apply to delivery of College Connect Courses offered under this rule:
(1) An institution of higher education may offer College Connect Courses within the institution's core curriculum in accordance with subchapter B, §4.28 of this chapter (relating to Core Curriculum).
(2) An institution of higher education must also incorporate supplemental college readiness content to support students who have not yet demonstrated college readiness as defined in §4.57 of this chapter within these courses. An institution may deliver this supplemental instruction through a method at their discretion, including through embedded course content, supplemental corequisite coursework, or other method.
(e) Coordinating Board staff may provide technical assistance to public institutions of higher education and secondary schools and districts in developing and providing these courses.
(f) Additional Academic Policies.
(1) College Connect Courses offered through dual credit or dual enrollment must confer both a college-level grade and a secondary-level grade upon a students' successful completion of the course. A grade conferred for the college-level course may be different from the secondary-level grade, to reflect whether a student has appropriately demonstrated college-level knowledge and skills as well as secondary-level knowledge and skills. An institution may determine how a student enrolled in this course may earn college credit, whether through college-level course completion or successful completion of a recognized college-level assessment.
(2) An institution of higher education must enter into an institutional agreement with the secondary school according to §4.84 of this chapter (relating to Institutional Agreements) to offer College Connect Courses.
(3) An institution of higher education is strongly encouraged to provide the maximum latitude possible for a student to drop the college-level course component beyond the census date, while still giving the student an opportunity to earn credit toward high school graduation requirements.
(4) Hours earned through this program before the student graduates from high school that are used to satisfy high school graduation requirements do not count against the limitation on formula funding for excess semester credit hours under chapter 13, subchapter F, §13.104 of this title (relating to Exemptions for Excess Hours).
(g) Funding and Tuition. For College Connect Courses offered through dual credit under this option:
(1) An institution of higher education may receive formula funding for College Connect Course semester credit hours in accordance with Texas Education Code §61.059 and chapter 130, subchapter A, and any Coordinating Board rules that authorize funding for courses offered under this section.
(2) An institution of higher education may waive a student's tuition for College Connect Courses in accordance with Texas Education Code §§54.216 and 28.0095.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 1, 2023.
TRD-202302027
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: July 16, 2023
For further information, please call: (512) 427-6537
CHAPTER 129. STUDENT ATTENDANCE
SUBCHAPTER AA. COMMISSIONER'S RULES
The Texas Education Agency (TEA) proposes an amendment to §129.1025, concerning the student attendance accounting handbook. The proposed amendment would adopt by reference the 2023-2024 Student Attendance Accounting Handbook. The handbook provides student attendance accounting rules for school districts and charter schools.
BACKGROUND INFORMATION AND JUSTIFICATION: TEA has adopted its student attendance accounting handbook in rule since 2000. Attendance accounting evolves from year to year, so the intention is to annually update §129.1025 to refer to the most recently published student attendance accounting handbook.
Each annual student attendance accounting handbook provides school districts and charter schools with the Foundation School Program (FSP) eligibility requirements of all students, prescribes the minimum requirements of all student attendance accounting systems, lists the documentation requirements for attendance audit purposes, and details the responsibilities of all district personnel involved in student attendance accounting. TEA distributes FSP resources under the procedures specified in each current student attendance accounting handbook. The final version of the student attendance accounting handbook is published on the TEA website. A supplement, if necessary, is also published on the TEA website.
The proposed amendment to §129.1025 would adopt by reference the student attendance accounting handbook for the 2023-2024 school year. The proposed handbook is available on the TEA website at https://tea.texas.gov/finance-and-grants/financial-compliance/student-attendance-accounting-handbook.
Significant changes to the 2023-2024 Student Attendance Accounting Handbook would include the following.
Section 1, Overview
Texas Education Code (TEC), Chapter 48, specifically §48.008, establishes the requirements for adopting an attendance accounting system and reporting attendance accounting data through the Texas Student Data System (TSDS) Public Education Information Management System (PEIMS). The following changes implement reporting requirements for attendance and funding.
Language would be deleted that references reporting attendance through TSDS PEIMS, the term "minutes" being interchangeable with "days," school days being converted to minutes, the repeal of the seven-hour school day requirement, and early release waivers being rescinded.
Language referring to the footnote would be revised to show §129.1025.
Language referring to the electronic Word version of the handbook would be deleted.
Section 3, General Attendance Requirements
TEC, §25.081, and Chapter 48, specifically §48.005, establish the general parameters for attendance and school operation. The following changes would implement reporting requirements for attendance and funding.
Language would be revised to state that Code 0 will be used for a nonresident student who is charged tuition for the purpose of reducing local revenue.
Language would be revised to state that the time spent in a course for which the student has already received credit does not count as instructional time for purposes of the two-through-four-hour-rule.
Language would be revised to state that a homeless student is entitled to enroll in any public school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.
Language would be revised to state that school districts can learn more on the responsibilities associated with homeless students on the Texas Education for Homeless Children and Youth (TEHCY) Program webpage.
Language would be revised to state that information on secondary school completion and dropouts in Texas public schools is available on the TEA Completion, Graduation and Dropout webpage for the current definition of "dropout."
Language would be revised to state that once withdrawn, a student in Grade 7-12 must be reported as a school leaver on the 40203 School Leaver Extension and could be considered a dropout according to the C162 Leaver Reason Code table of the Texas Education Data Standards (TEDS).
The footnote showing 19 TAC §129.21(i)(1) would be deleted.
Language would be added to state that Section 504 regulations and Individual with Disabilities Education Act (IDEA) protect the rights of students with disabilities. Absences should be monitored, and Section 504 committee meetings and admission, review, and dismissal (ARD) committee meetings should be convened, as needed, to proactively prevent truancy and possibly revise Section 504 plans. The footnote was revised to show 19 TAC §129.1043.
Language would be revised to include psychological reasons as a criterion for a student to be served through the general education homebound (GEH) program. A referral under Section 504 should be considered to determine eligibility for homebound students with a suspected disability. If the student is already eligible under Section 504, a Section 504 meeting must be held to discuss potential homebound eligibility.
Language would be revised to state that Section 504 policies and procedures for committee membership must be followed for Section 504 eligible students and that the GEH committee/Section 504 committee reviews the necessity for, types of, and duration of instruction based on information from the student's licensed physician.
Language would be revised to include the Section 504 committee in documentation responsibilities.
Language would be revised to include the Section 504 committee in determining the transition process from GEH to the classroom setting.
Language would be revised to state that TEDS is the reference point for information on number of school days in the calendar.
Language would be revised to state that low attendance day waivers requested for the district or campus must include the prior year's attendance report showing the overall attendance rate. For a new campus or a campus that existed as two separate campuses the prior year, the overall average attendance rate for the district as a whole must be used.
Language would be revised to show that information on missed school day or low attendance day waivers can be found on http://tealprod.tea.state.tx.us/waiversreports/tea.waiversreports.web.
Language in the table showing situations leading to school closures due to bad weather or student health and safety would be revised to state that a charter school's student attendance accounting software calendar must be adjusted according to TEA policy listed in the table prior to generating and submitting the Six-Week District Summary Attendance report in the FSP System.
Language in the table showing situations leading to school closures due to bad weather or student health and safety would be revised to state that a local educational agency (LEA) should locally track the minutes that it actually served students on a non-instructional day for auditing purposes.
Language would be revised to state that for the purposes of calculating state funding, the state funding calendar year begins the fourth Monday in August unless a district is designated as a year-round system or is a district of innovation that changes its start date.
Language relating to summer school and state funding would be deleted.
Language would be revised to state that districts with year-round programs with tracks ending later than June 20, 2024, may delay PEIMS submission until August 15, 2024, or two weeks after the latest year-round track, but resubmissions made after August 15 will not be processed. Corrections made after August 15, 2024, will be addressed by the State Funding Division.
Language would be revised in examples relating to prekindergarten (pre-K) programs to include that the ARD committee identifies that the student has special needs and places the student in a self-contained early childhood special education (ECSE) classroom for a three-hour afternoon session.
Language would be revised in an example relating to a student who is auditorily impaired attending a regional day school program for the deaf (RDSPD) in a neighboring school district. The average daily attendance (ADA) eligibility code for this student is 3 - Eligible Transfer Student Full-Day. The student would also be reported as a transfer student on the 40110 Student School Association Extension.
Language would be revised in an example to state that if a district provides less than 2,100 waiver minutes for actual staff development, the instructional track will need to contain additional minutes of operation and that if a charter school provides less than five waiver days for actual staff development, the instructional track will need to contain additional days of operation.
Section 4, Special Education
TEC, Chapter 48, specifically §48.102, authorizes funding for special education in certain circumstances. TEC, §48.004, authorizes the commissioner to require reports that may be necessary to implement and administer the FSP. The following changes would implement reporting for special education to account for attendance and funding.
Language would be revised to state that the term "special education services" includes related services.
Language would be revised to state that when a student moves from one district to another within the state in the same school year and either the parent or previous district verifies that the student had an individualized education program (IEP) that was in effect, the district must meet the requirements of 34 CFR, §300.323, regarding the provision of special education services.
Language would be revised to state that the admission, review, and dismissal (ARD) committee's verification process means the new district has received a copy of the student's IEP that was in effect in the previous district.
Language would be revised to state that when a student transfers from a school district in another state in the same school year and the parent or previous district verifies that the student had an IEP that was in effect in the previous district, the new school district must meet the requirements of 34 CFR, §300.323(f).
Language would be revised to state that, if the parents or in- or out-of-state district verifies before the new school year begins that the student had an IEP that was in effect in the previous district, the new school district must implement the IEP from the previous school district in full on the first day of class of the new school year.
Language would be added to state that if the student's eligibility for special education and related services cannot be verified before the start of the new school year, then the timelines for a student who transfers during the school year from an in-state or out-of-state district will be applicable to the location of the student's previous district.
Language would be revised to state that if the new district wishes to convene an ARD meeting to consider revision to the student's IEP before the beginning of the school year, the new district must determine whether the parents will agree to waive the five-school-day notice. If the parents agree, the new district must make every reasonable effort to hold the ARD meeting prior to the first day of the new school year. Verification means the new district has received a copy of the student's IEP that was in effect in the previous district.
Language would be revised to state if an ARD committee determines that a private or home school student three or four years of age is eligible for special education and related services, the parent may enroll the student in public school, "dual enroll" the student, or decline to have the student enroll in public school.
Language would be revised to state that if an ARD committee determines that a private or home school student 5 through 21 years of age is eligible for special education and related services, the parent may enroll the student full time in public school.
Language would be revised to state that to be placed in the special education homebound instructional setting with a code 0, the student must have a medical or psychological condition that is documented by a physician licensed to practice in the United States.
Language would be revised to state that the teacher serving a student ("homebound teacher") while the student is in the special education homebound setting must be a certified special education teacher.
Language would be revised to state that TEA will phase out references to Program for Children with Disabilities (PPCD) in this and other TEA publications beginning with the 2024-2025 school year. Instead, children aged three through five who qualify for special education and related services will receive services through ECSE.
Language would be revised to state that to receive ECSE services, a child aged three through five years must meet the same eligibility requirements as other students receiving special education services.
Language would be revised to state that a student who is not eligible for free pre-K may be served in the pre-K classroom if the ARD committee determines that this is the appropriate setting based on the student's IEP.
Language would be revised in the coding chart to include eligibility and ineligibility for free pre-K.
Language would be revised in the coding chart for ESCE services to state that an eligible student must be provided special education services beginning on the third birthday of the student.
Language would be revised to state that if an ARD committee determines that a private or home school student aged three or four years is eligible for special education and related services, the parent may enroll the student only in the public school, "dual enroll" the student, or decline to have the student enroll in public school.
Language was revised to state that only a district that operates an early childhood intervention (ECI) program through a contract with the Texas Health and Human Services Commission may code an infant with this instructional setting code.
Language would be revised to state that the Texas Health and Human Services Commission will operate an ECI program that provides early intervention services for infants through age two and code an infant with an ECI instruction setting code.
Language was revised to state that a district will be funded for any extended school year services it provides for students receiving special education services beyond the regular school year during a period such as winter, spring, or summer break.
Language would be revised to state that the federal term "highly qualified teacher status" no longer applies.
Language would be revised in examples relating to students who receive special education and related services and medical or psychological conditions that prevent the student from attending school.
Language would be revised to state that a four-year-old student with a disability who is eligible for the free pre-K program and ECSE services receives special education and related services, including speech therapy, in the pre-K classroom for three hours five days a week.
Language would be revised to state that a student on an elementary campus spends 145 minutes out of 300 instructional minutes in the special education classroom and receives 30 minutes a week (an average of six minutes/day) of speech (or any related service).
Language would be revised in an example to include students receiving special education services.
Language would be revised in an example relating to speech therapy Indicator Code 1 to state that the student is ineligible for free pre-K but is eligible for the special education services the student receives.
Language referring to an example on excess contact hours would be revised to state that a student attends six career and technical education (CTE) classes that have been determined to meet CTE code V1 (see 5.5 CTE (Contact Hour) Codes) and speech therapy (0.25 contact hour multiplier) for a total of 6.25 contact hours a day.
Language referring to the calculation of excess contact hours example would be deleted.
Section 5, Career and Technical Education (CTE)
TEC, Chapter 48, including §48.106, authorizes funding for CTE in certain circumstances. TEC, Chapter 29, Subchapter F, establishes general parameters for CTE programs. TEC, §48.004, authorizes the commissioner to require reports as may be necessary to implement and administer the FSP. The following changes would implement reporting for CTE to account for attendance and funding.
Language would be revised to state that campuses report the students enrolled on the TEA-designated Pathways in Technology Early College High School (P-TECH) campus in TSDS PEIMS submissions 1 and 3 using the data element P-TECH-INDICATOR-CODE (E1612). Campuses report the students enrolled on New Tech Network campus in TSDS PEIMS submissions 1 and 3 using the data element NEW-TECH-INDICATOR-CODE (E1647).
Language would be revised to state that appropriate staff members need to review students' schedules as courses are added or dropped in the enrollment of CTE courses.
Language would be revised to state that a student enrolled in a CTE course should be reported on the TSDS PEIMS 42401 Special Programs Reporting Period Attendance Extension with the CTE SERVICE-ID and the eligible days.
Language would be revised to state that to receive CTE weighted funding, course periods are required to be a minimum of 45 minutes in length. Three contact hours (V3) is the maximum an LEA may claim for a single course.
Language would be revised to state that a student who is auditing a CTE course and taking no other CTE courses for credit should not have CTE eligible days present on the 42401 Special Programs Reporting Period Attendance Extension.
Language would be revised to state that to receive CTE weighted funding, course periods are required to average a minimum of 45 minutes in length.
Language would be revised to state that when computing the Campus Summary Report (2.3.2 Campus Summary Reports), LEA personnel must determine the CTE V-code to assign to a student's CTE course separately based on the CTE course's average minutes per eligible school day.
Language would be revised to state that eligible CTE days are the number of student instructional days in an LEA's calendar. The number of eligible CTE days varies among districts.
Language would be revised to state that class periods are required to be a minimum of 45 minutes in length.
Language would be revised to state that practicum courses and other two-credit or three-credit courses may be used as laboratory-based, paid, or unpaid work experience for students. Class periods are required to be a minimum of 45 minutes in length.
Language would be added to state that class periods are required to be a minimum of 45 minutes in length.
Language would be revised to state that for students who do not complete the course, the LEA will still receive contact hours for the days the student was enrolled and present. The LEA should report the 42410 Special Programs Reporting Period Attendance Extension with eligible days present for the time the student was in the course.
Language in examples citing different situations would be revised to show the CTE course service-ID with a note to refer to the table on CTE (contact hour) codes for average CTE minutes per day.
Section 6, Bilingual/English as a Second Language (ESL)
TEC, Chapter 48, specifically §48.105, authorizes funding for bilingual or special language programs in certain circumstances. TEC, Chapter 29, Subchapter B, establishes general parameters for bilingual and special language programs. TEC, §48.004, authorizes the commissioner to require reports as may be necessary to implement and administer the FSP. The following changes would implement reporting for bilingual and special language programs to account for attendance and funding.
Language would be revised to state that if students are served by multiple programs, the provisions of each applicable program should be reviewed and applied.
Language would be revised to state that in PEIMS, the terms "emergent bilingual (EB)" and "English learner (EL)" are bridged as EB/EL.
Language would be revised to state that the term "district" includes all school districts, public open-enrollment charter schools, and districts of innovation.
Language would be revised to state that a student will be identified as EB if the student is not English proficient or the student's disabilities are so severe that the English language proficiency assessment cannot be administered.
Language would be revised to state that the district personnel must not assign the student a bilingual or English as a second language (ESL) program type code in the attendance accounting system until parental consent is received.
Language would be revised to state that the language proficiency assessment committee (LPAC) convenes to analyze the student records from the sending district, determine whether the student was previously identified as EB, recommend continuation of program services, as appropriate, and ensure that documented parental approval for current program participation has been obtained.
Language referring to the heading of a section would be revised to read Initial Program Placement/Eligibility.
Language would be revised to state that EB students and non-EB students participating in a dual language immersion one-way and served through an alternative language program do not generate the additional 0.05 weighted funding.
Language would be revised to state that funding is generated when a student is identified as an EB student and is being served in a bilingual or ESL program with parental approval.
Language in the chart showing teacher certification requirements would be revised to include the term bilingual education.
Language would be revised to note that EB students served through an alternative language program do generate bilingual education allotment funds at the basic allotment for EB students (0.1).
Language would be revised to state that district personnel, while reporting eligible days present, must identify each student who is participating in a bilingual education program, an ESL program, or an alternative language program (ALP) and who is eligible for funding with the appropriate bilingual, ESL, or ALP type code in the attendance accounting system.
Language would be revised to state that the Emergent Bilingual Student Reclassification Criteria Chart can be located on the TEA Bilingual and English as a Second Language Education Programs web page.
Language would be revised to state that, in alignment with the goals of dual language immersion programs, the LPAC will likely recommend that the English proficient student continue in the dual language immersion program with parental approval.
Language would be revised to state that the EB indicator codes of F and S are used to reflect the first and second years of monitoring.
Language relating to the footnote would be revised to show that to find the appropriate code to use, district personnel should consult the program type code tables available at https://www.texasstudentdatasystem.org/TSDS/TEDS/Texas_Education_Data_Standards, then search for the C175 code table for bilingual program type codes and the C176 code table for ESL program type codes.
Language would be revised to note that the LPAC records retention schedule is cessation of services (ending at reclassification) plus five years (including the two years of monitoring).
Section 7, Prekindergarten (Pre-K)
TEC, Chapter 29, Subchapter E, establishes special general parameters for pre-K programs. TEC, Chapter 48, including §48.005, establishes ADA requirements and authorizes funding for certain circumstances. TEC, §48.004, authorizes the commissioner to require reports that may be necessary to implement and administer the FSP. The following changes would implement reporting for prekindergarten to account for attendance and funding.
Language would be revised to include the term home language survey (HLS). The HLS is administered in English and the home language. For students of other language groups, the HLS is translated into the home language whenever possible.
Language would be revised to state that a child who is considered a migratory child is automatically eligible for pre-K based on being educationally disadvantaged.
Language would be added to state that a student is eligible on the basis of homelessness if the district's local McKinney-Vento liaison identifies the student as homeless, regardless of the residence of the child, of either parent of the child, or of the child's guardian or other person having lawful control of the child.
Section 9, Pregnancy-Related Services (PRS)
TEC, Chapter 48, including §48.104, authorizes funding for students who are pregnant under certain circumstances. TEC, §48.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes would implement reporting for pregnancy- related services (PRS) to account for attendance and funding.
Language would be revised to note that students may also be eligible for Section 504 services (regardless of the LEA having a PRS program) due to a suspected disability relating to pregnancy such as having gestational diabetes.
Language would be revised that for a baby recovery period, a note from a medical practitioner stating the infant's need for hospital confinement is needed.
Language would be revised to state that the time spent on campus receiving temporary, limited support services or taking required state assessments must not count as any part of the number of hours served as compensatory education home instruction (CEHI) for eligible days present.
Language would be revised to state that if a district has a PRS program, it must provide access to the services offered through the PRS program to students who already receive special education and related services and who become pregnant.
Language would be revised to state that a pregnant student's ARD committee must meet as necessary to address any changes in the student's needs, and a student receiving special education services who qualifies for PRS may also receive homebound instruction on campus if the district has an approved on-campus instruction waiver. A certified teacher, nurse, counselor, or social worker must provide the additional hours of PRS support services for a student who receives special education services.
Language would be revised to state that a student being administered standardized, six-weeks, semester, or final exams or required state assessments while at home is limited to earning one day present for a minimum of one hour or more of testing in one calendar day.
Language would be revised to show that a student receiving CEHI who returns to her campus to take required state assessments may need to have a medical release from a licensed medical practitioner. Language would also state that more information is provided in Section 9.11, Returning to Campus for Support Services or Testing.
Language would be revised to state that when the break-in-service option is used, documentation by a licensed medical professional stating that the infant needs to remain in the hospital and information collected by campus officials is required.
Language would be revised to state that when a student who receives special education services is served through the PRS program, both PRS and special education documentation is required.
Language would be revised to state that when serving a student who receives special education services, the district is not required to maintain the special education and PRS records in the same file.
Language in an example would be revised to include students who receive special education services.
Section 10, Audit Requirements
TEC, Chapter 48, specifically §48.270, establishes the requirements for violation of presenting reports that contain false information. TEC, §48.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. TEC, §44.010, allows for the review of budget, fiscal, and audit reports to determine whether all legal requirements have been met. The following changes would implement reporting for audit requirements to account for attendance and funding.
Language would be revised to state that regardless of the setting in which a student is served, the student's attendance must be reported according to the traditional rules of the standardized attendance accounting system required by the TEDS.
Language would be revised to state that the TEDS must be referred to for information on how a district should handle disciplinary removals and report disciplinary-removal information.
Language would be added to note that a partial day of out-of-school suspension is counted as a full day when reported in TSDS PEIMS.
Section 11, Nontraditional Programs
TEC, Chapter 29, Subchapter A, establishes special general parameters for nontraditional programs. TEC, Chapter 48, including §48.005, establishes ADA requirements and authorizes funding for certain circumstances. TEC, §48.004, authorizes the commissioner to require reports that may be necessary to implement and administer the FSP. The following changes would implement reporting for nontraditional programs to account for attendance and funding.
Language from the college credit program table referring to the ECHS row and other considerations column would be deleted.
Language would be revised to state that a public junior college, college, or university may offer a course in which a high school student may enroll and for which the student may receive both high school and college credit.
Language would be revised to note that TAC rules for ECHS and P-TECH programs prohibit requiring a student enrolled in an ECHS course for high school graduation credit to pay for tuition, fees, or required textbooks.
Language would be revised to state the student eligibility requirements specific to academic dual credit courses for high school students.
Language would be revised to state that a high school student is eligible to enroll in a dual credit course if he or she demonstrates college readiness by achieving the minimum passing standards and is exempt under the provisions of the Texas Success Initiative.
Language stated in the table on student eligibility for dual credit courses would be deleted.
Language would be revised to show the footnote referring to 19 TAC §4.85.
Language related to minimum passing standards would be revised in the table on student eligibility for dual credit courses to demonstrate dual credit eligibility.
Language would be revised to state that a high school student is eligible to enroll in workforce education dual credit courses contained in a postsecondary Level 1 certificate program or a program leading to a credential of less than a Level 1 certificate at a public junior college or public technical institute and is not required to provide demonstration of college readiness or dual credit enrollment eligibility.
Language would be revised to state that a high school student is eligible to enroll in workforce education dual credit courses contained in a postsecondary Level 2 certificate or applied associate degree program under the conditions stated in 19 TAC §4.85.
Language would be revised to state that a student enrolled in a TEA-designated ECHS or P-TECH program may enroll in dual credit courses if the student demonstrates college readiness by achieving the minimum passing standard(s) on a qualifying assessment instrument or has demonstrated dual credit eligibility.
Language would be revised to state that beginning in the 2023-2024 school year, participating campuses are eligible for up to five days of Additional Days School Year (ADSY) waivers for missed instructional days throughout the year due to weather, health, or safety reasons. LEAs that wish to request one or more ADSY waiver days must submit that request through the TEA waiver system under the ADSY waiver. If an LEA applies for and receives a missed school day waiver, the day(s) will count toward the 180-day total.
Language would be revised to state that each campus participating in ADSY must indicate their intent in the TSDS PEIMS Summer submission (due in June) along with their calendar reporting to ensure the campus meets the 180-day requirement.
Language would be revised to state that a child of a military family who moves to a district from another member state and satisfactorily completed a particular grade level in a public school in the sending state is entitled to enroll in the next highest grade level.
Section 12, Virtual, Remote, and Electronic Instruction
TEC, Chapter 30A, establishes the general parameters for the Texas Virtual School Network (TXVSN). TEC, §30A.153, authorizes funding for the TXVSN for the FSP under certain circumstances. TEC, §48.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes would implement reporting for the TXVSN to account for attendance and funding.
Language would be revised in the additional TXVSN requirements and information to state that a student is not entitled to any rights, privileges, activities, or services available to a student enrolled in a public school, other than the right to receive the appropriate unit of credit for completing an electronic course.
Language would be revised in an example to state that a student who is scheduled for and receiving instruction in traditional classes for 55 minutes each day and is enrolled in two TXVSN courses for Grades 9-12 is reported with an ADA eligibility code of 2.
Language would be revised to state that to meet a requirement of remote conferencing, a student is unable to attend school because of a temporary medical or psychological condition.
Language would be revised to state that to meet a requirement of remote conferencing, a student's temporary medical or psychological condition is documented by a physician licensed to practice in the United States.
Language would be revised to state that a waiver request must be submitted for an extension of remote conferencing beyond the allowable cumulative 20 instructional day period if the documented temporary medical or psychological condition persists.
Language would be revised to state that if the school district provides instruction through remote conferencing to a student who is eligible for special education and related services for all or part of the school day, the district may count that instruction as classroom time for FSP funding purposes, including in the calculation of contact hours.
Language would be revised to state that if a remote conferencing waiver is approved, funding for days extended beyond the 20 days may be retroactively claimed beginning on the 21st day, and proof of an approved waiver must be available for audit for students receiving special education and related services.
Language would be revised to state that if the waiver is granted, funding may be claimed beginning on the date remote homebound services began for regular education students. These waivers will only be granted in extremely severe medical or psychological circumstances, and a waiver must be submitted for each individual student.
Language would be revised to state that if the waiver is approved, funding may be claimed beginning on the date the ARD committee determined that remote homebound services began for students receiving special education and related services. These waivers will only be granted in extremely severe medical or psychological circumstances, and a waiver must be submitted for each individual student.
Note: Section 12.6, Virtual Instruction (Local Remote Learning Programs under the TEC, §29.9091, or as Modified by the TEC, §48.007(c)) is subject to revision or even removal depending on legislative actions taken by the 88th Texas Legislature, 2023.
Section 13, Appendix: Average Daily Attendance (ADA) and Funding
Language would be revised to state that days in attendance are the total number of days that a student was in attendance (present at the designated attendance-taking time or absent for a purpose described by 19 TAC §129.1025) during a specific period (for example, a 180-day school year) while that student was eligible to generate funding (in membership).
Language would be revised to state that a student who receives special education and related services is assigned one of 12 special education instructional settings, each with a varying weight (from 1.15 to 5.0) that is based on the duration of the daily service provided and the location of the instruction.
Language would be revised to state that each CTE course must be reviewed separately to determine the average minutes per day students attend that course. To receive CTE weighted funding, course periods are required to be a minimum of 45 minutes in length for a total of 8,100 minutes per school year. Three contact hours is the maximum an LEA may claim for a single course.
Glossary
Language would be revised to note that career cluster refers to one of the 14 career clusters around which CTE programs of study are organized.
Language would be revised to state that center-based instruction is a setting code for a student who is provided early intervention services though the ECI program operated through the Texas Health and Human Services Commission.
Language would be revised to state that an English proficient student is a student who was previously identified as an EB student, has met reclassification criteria, and is no longer identified as an EB student.
Language would be revised to state that GEH students must be confined for medical or psychological reasons only and be expected to be confined for a minimum of four weeks (which need not be consecutive).
Language would be revised to state that home-based instruction is the setting for providing early intervention services through ECI programs operated through the Texas Health and Human Services Commission in the home of the client.
Language would be added to state that a migratory child is a child or youth who made a qualifying move in the preceding 36 months. Qualifying moves are stated as a migratory agricultural worker or a migratory fisher or with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.
Language would be revised to state that the original entry date refers to the initial date that a student is physically present at the official attendance time.
Language would be revised to state that the reentry date refers to the initial date a student physically returns and is counted present at the official attendance time after a prior withdrawal. The reentry date applies to both regular school and special programs.
FISCAL IMPACT: James Terry, associate commissioner for school finance, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand and limit an existing regulation. The proposed changes to the 2023-2024 Student Attendance Accounting Handbook would amend requirements and provide clarity regarding student attendance accounting procedures. In some instances, the proposed changes would add information, and in some instances, information would be removed.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: Mr. Terry has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be continuing to inform the public of the existence of annual publications specifying attendance accounting procedures for school districts and charter schools. There is no anticipated economic cost to persons who are required to comply with the proposal
DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period on the proposal begins June 16, 2023, and ends July 17, 2023. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on June 16, 2023. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.
STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §7.055(b)(35), which states that the commissioner shall perform duties in connection with the Foundation School Program (FSP) as prescribed by the TEC, Chapter 48; TEC, §25.081, which states that for each school year, each school district must operate so that the district provides for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses, for students. TEC, §25.081(d), authorizes the commissioner to adopt rules to implement the section. TEC, §25.081(g), states that a school district may not provide student instruction on Memorial Day but that if a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under TEC, §25.081(a); TEC, §25.0812, which states that school districts may not schedule the last day of school for students before May 15; TEC, §25.087, which provides purposes for which a school district shall excuse a student from attending school; TEC, §29.0822, which enables a school district to provide a program under this section that meets the needs of students described by TEC, §29.0822(a), for a school district that meets application requirements, including allowing a student to enroll in a dropout recovery program in which courses are conducted online. TEC, §29.0822, authorizes the commissioner to adopt rules for the administration of the section; TEC, §30A.153, which states that, subject to the limitation imposed under the TEC, §30A.153(a-1), a school district or open-enrollment charter school in which a student is enrolled is entitled to funding under the TEC, Chapter 48, or in accordance with the terms of a charter granted under the TEC, §12.101, for the student's enrollment in an electronic course offered through the state virtual school network in the same manner that the district or school is entitled to funding for the student's enrollment in courses provided in a traditional classroom setting, provided that the student successfully completes the electronic course. TEC, §30A.153(d), authorizes the commissioner to adopt rules necessary to implement the section, including rules regarding student attendance accounting; TEC, §48.004, which states that the commissioner shall adopt rules, take action, and require reports consistent with the TEC, Chapter 48, as necessary to implement and administer the FSP; TEC, §48.005, which states that average daily attendance (ADA) is the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under the TEC, §25.081(a), divided by the minimum number of days of instruction. TEC, §48.005(m), authorizes the commissioner to adopt rules necessary to implement the section. Subsections (m-1) and (m-2) address virtual or remote instruction-related funding; TEC, §48.102, which states that for each student in average daily attendance in a special education program under the TEC, Chapter 29, Subchapter A, in a mainstream instructional arrangement, a school district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 1.15. For each full-time equivalent student in average daily attendance in a special education program under the TEC, Chapter 29, Subchapter A, in an instructional arrangement other than a mainstream instructional arrangement, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight determined according to its instructional arrangement; TEC, §48.103, which states that for each student that a district serves who has been identified as having dyslexia or a related disorder, the district is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 or a greater amount provided by appropriation; TEC, §48.104, which states that for each student who does not have a disability and resides in a residential placement facility in a district in which the student's parent or legal guardian does not reside, a district is entitled to an annual allotment equal to the basic allotment multiplied by 0.2 or, if the student is educationally disadvantaged, 0.275. For each full-time equivalent student who is in a remedial and support program under TEC, §29.081, because the student is pregnant, a district is entitled to an annual allotment equal to the basic allotment multiplied 2.41; TEC, §48.105, which states that for each student in average daily attendance in a bilingual education or special language program under the TEC, Chapter 29, Subchapter B, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 0.1 or 0.15 if the student is in a bilingual education program using a dual language immersion/one-way or two-way program model, and for students not described in subdivision (1), 0.05 if the student is in bilingual education program using a dual language immersion/two-way program model; TEC, §48.106, which states that for each full-time equivalent student in average daily attendance in an approved career and technology education program in Grades 7-12 or in career and technology education programs, a district is entitled to an annual allotment equal to the basic allotment multiplied by a weight of 1.35 and $50 for each student that is enrolled in two or more advanced career and technology classes for a total of three or more credits; a campus designated as a Pathways in Technology Early College High School (P-TECH) school under TEC, §29.556; or a campus that is a member of the New Tech Network (NTN) and that focuses on project-based learning and work-based education; and TEC, §48.108, which states that for each student in average daily attendance in Kindergarten-Grade 3, a district is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 if the student is educationally disadvantaged or a student of limited English proficiency, as defined by TEC, §29.052, and in bilingual education or special language program under TEC, Chapter 29, Subchapter B
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§7.055(b)(35), 25.081, 25.0812, 25.087, 29.0822, 30A.153, 48.004, 48.005, 48.102, 48.103, 48.104, 48.105, 48.106, and 48.108.
§129.1025.Adoption by Reference: Student Attendance Accounting Handbook.
(a) The student attendance accounting guidelines and procedures established by the commissioner of education under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes) and the Texas Education Code, §48.004, to be used by school districts and charter schools to maintain records and make reports on student attendance and student participation in special programs will be published annually.
(b) The standard procedures that school districts
and charter schools must use to maintain records and make reports
on student attendance and student participation in special programs
for school year 2023-2024 [2022-2023] are described
in the official Texas Education Agency (TEA) publication 2023-2024 [2022-2023] Student Attendance Accounting Handbook[, dated
September 2022], which is adopted by this reference as the agency's
official rule. A copy of the 2023-2024 [2022-2023]
Student Attendance Accounting Handbook[, dated September 2022,]
is available on the TEA website with information related to financial
compliance. The commissioner will amend the 2023-2024 [2022-2023
] Student Attendance Accounting Handbook[, dated September
2022,] and this subsection adopting it by reference, as needed.
(c) Data from previous school years will continue to be subject to the student attendance accounting handbook as the handbook existed in those years.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 5, 2023.
TRD-202302062
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: July 16, 2023
For further information, please call: (512) 475-1497