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RULE §129.1027Optional Flexible School Day Program

    (B) A school district operating an OFSDP for a campus will select and report student performance indicators appropriate to the population being served. The selected performance indicators must measure student achievement on an annual basis.

  (2) At an open meeting of the board of trustees, a school district shall establish and review annual performance goals for the OFSDP related to performance indicators appropriate to the program, as established in paragraph (1) of this subsection and approved by the TEA.

  (3) A school district shall ensure that decisions on the continuation of the OFSDP are based on state student assessment results and other student performance data.

(i) Evaluation of programs.

  (1) The TEA shall evaluate the OFSDP based on performance indicators established in subsection (h) of this section.

  (2) In addition to the evaluation on the indicators identified in subsection (h) of this section, a school district shall be evaluated based on student assessment administration and student attendance accounting processes and procedures.

(j) Revocation of or denial to renew authorization to operate an OFSDP.

  (1) The commissioner may revoke authorization or deny renewal of an OFSDP based on the following factors:

    (A) noncompliance with application assurances and/or the provisions of this section;

    (B) failure to keep timely and accurate audit and attendance accounting records;

    (C) failure to maintain student eligibility requirements specified in subsection (b) of this section if one of these designations was used as an eligibility criteria for OFSDP;

    (D) lack of program success as evidenced by progress reports or program data; or

    (E) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the OFSDP.

  (2) A revocation or nonrenewal of an approved OFSDP takes effect for the semester immediately following the date on which the revocation or nonrenewal is issued unless another date is determined by the commissioner.

  (3) An OFSDP is entitled to a ten-day notice of the proposed revocation or nonrenewal and an informal review by the commissioner's designee.

  (4) A decision by the commissioner to revoke the authorization or deny renewal of an OFSDP is final and may not be appealed.

  (5) The OFSDP is a state program subject to a special accreditation investigation under the TEC, Chapter 39A. Student attendance accounting records are subject to audit under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes). The commissioner may impose interventions and sanctions on a school district under the TEC, Chapter 39A, for failure to comply with the OFSDP requirements of this section.

Source Note: The provisions of this §129.1027 adopted to be effective July 4, 2007, 32 TexReg 3988; amended to be effective October 23, 2008, 33 TexReg 8643; amended to be effective December 20, 2009, 34 TexReg 8966; amended to be effective August 2, 2018, 43 TexReg 4983; amended to be effective December 6, 2020, 45 TexReg 8517

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