| (a) A Texas Virtual School Network (TxVSN) online school
may serve students in Grades 3-12, but may not serve students in Kindergarten-Grade
2.
(b) A school district or charter school that operates
a TxVSN online school that serves students in full-time virtual instruction
shall, prior to the start of each academic year, notify the Texas
Education Agency (TEA) of grade levels to be served and the total
number of students to be served during that academic year. A school
district or charter school may not add grade levels after the start
of the school year.
(c) A TxVSN online school or a school district or charter
school wishing to add additional grade levels to its online program
shall certify that the online school has courses sufficient to comprise
a full instructional program for each additional grade level to be
served by the online school prior to serving that grade level.
(d) School districts or charter schools approved to
serve as TxVSN online schools shall follow the TEA procedures related
to obtaining a campus number for the virtual campus through which
they serve their TxVSN online school students.
(e) School districts and charter schools serving as
TxVSN online schools shall:
(1) follow the same laws and rules that apply to traditional
schools unless otherwise indicated in this chapter;
(2) verify the identity and eligibility of each student
seeking to enroll full time in TxVSN online courses;
(3) notify parents and students of the option to enroll
in the TxVSN online school at the time and in the manner that the
school district or charter school informs students and parents about
instructional programs or courses offered in the district's or school's
traditional classroom setting;
(4) notify students in writing upon acceptance to participate
in the TxVSN online school with specific dates and details regarding
enrollment;
(5) document actual dates each student begins and ends
enrollment in student data records for local recordkeeping purposes
and for state funding reporting purposes;
(6) ensure that each student enrolled in the TxVSN
online school takes any applicable assessment instrument required
under the Texas Education Code, §39.023, according to the standard
administration schedule and that each assessment is supervised by
a proctor;
(7) allow access to proctored test administrations
by any personnel or agent of the TEA;
(8) adopt an instructional calendar for the TxVSN online
school and keep an instructional calendar for each TxVSN online school
student on file and make these records available to the TEA, upon
request in the requested electronic format;
(9) meet all reporting requirements established by
TxVSN central operations, including timely submission of data required
to verify instructor qualifications and complete student and parent
surveys and all data necessary for the TxVSN Informed Choice Report
required under §70.1031 of this title (relating to Informed Choice
Reports);
(10) assign each teacher that provides instruction
in a TxVSN online school a Texas Student Data System Unique Staff
Identifier;
(11) meet all federal and state requirements for educating
students with disabilities;
(12) publish in a prominent location on the Internet
website for the school district's or charter school's TxVSN online
school:
(A) a link to the TxVSN Informed Choice Report that
includes all of the components required under §70.1031 of this
title; and
(B) any applicable criteria for enrollment and any
enrollment deadlines for each TxVSN online school campus;
(13) provide a contingency plan for the continuation
of instructional services to all TxVSN Online School (OLS) program
students allowing them to complete their TxVSN OLS program subject
areas or courses in the event that the contract or agreement through
which the TxVSN OLS program instructional services are provided is
terminated or a TxVSN OLS program subject area or course becomes unavailable
to the student;
(14) ensure a maximum class size limit of 40 students
in a single section of a Grades 5-12 course and ensure that the class
size does not exceed the maximum allowed by law and a charter school's
charter, as applicable, whichever is less;
(15) organize, retain in a centralized unit or office
within the organizational structure of the TxVSN online school, and
make available to the TEA, upon request in the requested electronic
format, the following:
(A) the same financial documentation that is required
of a traditional campus and documentation sufficient to demonstrate
successful course completion;
(B) detailed records that support the program of instruction;
and
(C) detailed records that document student participation
in the TxVSN online school and grades earned;
(16) require contractors to retain and make available
to the TEA, upon request in the requested electronic format, any and
all financial and programmatic records, including books, documents,
papers, and records, which are directly pertinent to that specific
contract for a minimum of seven years from the day the final state
funding payment is made and all other pending matters are closed,
including resolution of any audits that started within the seven-year
retention period, in accordance with the record retention requirements
for federal and state programs as mandated by the Texas State Library
and Archives Commission;
(17) ensure the ongoing security of all data and its
accessibility to the TEA in the requested electronic format; and
(18) make decisions regarding serving students with
disabilities in accordance with §89.1050 of this title (relating
to The Admission, Review, and Dismissal Committee) and regarding English
language learners in accordance with §89.1220 of this title (relating
to Language Proficiency Assessment Committee).
(f) TxVSN online schools may:
(1) determine the number of courses a student takes
at one time based on individual student needs; however, course placement
decisions must enable a student to make reasonable progress toward
graduation in a timely manner;
(2) lend equipment to a student and the parents/legal
guardians of a student participating in the TxVSN online school for
the duration of the student's enrollment in the TxVSN online school;
and
(3) subsidize or reimburse a student or the parents/legal
guardians of a student participating in the TxVSN online school for
Internet connectivity for the duration of the student's participation
in the TxVSN online school.
(g) TxVSN online schools may not:
(1) deny participation to any student based on language
or disability; or
(2) promise or provide equipment or any other thing
of value to a student or a student's parent as an inducement for the
student to enroll in the online school.
(h) Charter schools serving as TxVSN online schools
shall:
(1) operate in compliance with their charter and applicable
laws, rules, and regulations;
(2) continue current education programs and activities
at existing physical location(s) and offer the education program as
described in the charter;
(3) obtain approval from the commissioner of education
for a charter amendment to change the educational program prior to
making the change in the educational program as required in §100.1033(c)
of this title (relating to Charter Amendment); and
(4) count students enrolled in the TxVSN online school
toward the charter's enrollment cap and ensure that the charter does
not exceed their total enrollment cap.
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