|(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Campus--For the purposes of this section, a campus
is an organization that provides instructional services to students,
maintains a separate budget, and has an administrator whose primary
duty is the full-time administration of the campus.
(2) Campus of innovative redesign--A campus with an
approved campus turnaround plan in accordance with the requirements
of Texas Education Code (TEC), §39A.107, that:
(A) provides a rigorous and relevant academic program;
(B) provides personal attention and guidance;
(C) promotes high expectations for all students; and
(D) addresses comprehensive schoolwide improvements
that cover all aspects of a school's operations, including, but not
limited to, curriculum and instruction changes, structural and managerial
innovations, sustained professional development, financial commitment,
and enhanced involvement of parents and the community.
(3) Community-based dropout recovery education program--For
the purposes of this section, a community-based dropout recovery education
program is a public or private program authorized under the TEC, §29.081(e),
offered on a campus or through an internet online program that leads
to a high school diploma and prepares the student to enter the workforce
as defined in TEC, §29.081(e-1) and (e-2).
(4) Instructional contact hours--Except for the purposes
of subsection (b)(1)(B) of this section, instructional contact hours
are the hours spent learning the curriculum under faculty and administrators
with baccalaureate or advanced degrees. For the purposes of subsection
(b)(1)(B) of this section, instructional contact hours are hours spent
learning the curriculum under the direct supervision of an educator
meeting the qualifications of the State Board for Educator Certification
or the employing charter school.
(5) Optional Flexible School Day Program (OFSDP)--An
OFSDP is a program authorized under the Texas Education Code (TEC), §29.0822,
that is approved by the commissioner to provide flexible hours and
days of attendance for eligible students, as defined in subsection
(b) of this section.
(6) School district--For the purposes of this section,
the definition of a school district includes an open-enrollment charter
(7) School district board of trustees--For the purposes
of this section, the definition of a school district board of trustees
includes a charter holder board.
(b) Student eligibility. A student is eligible to participate
in an OFSDP if:
(1) the student:
(A) has dropped out of school or is at risk of dropping
out of school, as defined by the TEC, §29.081;
(B) is attending a campus implementing an innovative
(C) is attending a community-based dropout recovery
education program, as defined by the TEC, §29.081(e-1) and (e-2);
(D) is attending an approved early college high school
program, as defined by the TEC, §29.908; or
(E) as a result of attendance requirements under the
TEC, §25.092, will be denied credit for one or more classes in
which the student has been enrolled; and
(A) the student and the student's parent, or person
standing in parental relation to the student, agree in writing to
the student's participation if the student is less than 18 years of
age and not emancipated by marriage or court order; or
(B) the student agrees in writing to participate if
the student is 18 years of age or older or has otherwise attained
legal status as an adult by reason of marriage or court order.
(c) Application to operate an OFSDP. Any school district
may apply for authorization to operate an OFSDP.
(1) The Texas Education Agency (TEA) shall make available
to each eligible school district an application form for initial approval
or renewal that must be completed and submitted annually to the TEA
(2) The board of trustees of a school district must
approve the application. The board of trustees of a school district
must include the OFSDP as an item on a regular agenda for a board
meeting in compliance with subsection (h)(2) of this section before
applying to operate an OFSDP.
(3) A school district must submit an application in
accordance with instructions provided by the TEA.
(4) As part of the application process, a school district
shall include the following information:
(A) implementation plan description;
(B) staff plans;
(C) schedules; and
(D) student attendance accounting security procedures
(5) The school district must have submitted the required
annual audit report for the immediate prior fiscal year to the TEA
division responsible for financial audits. The annual audit must be
determined by the TEA to be in compliance with applicable audit standards.
(6) The commissioner may consider academic and financial
performance at a campus or a district when reviewing application qualifications.
(7) The TEA may defer or reject an application based
on pending or final audit of data submitted, irregularities in assessment
administration, accreditation status, accountability ratings, or interventions
or sanctions under the TEC, Chapter 39A.
(8) The TEA may grant or reject an entire application
or grant or reject any campus submitted on an application.
(9) The TEA will notify each applicant of its approval
or nonapproval to operate an OFSDP.
(10) The school district must receive notice of approval
to continue or begin participation in the program.
(d) Attendance. A school district must report student
OFSDP attendance in a manner provided by the TEA in the Student Attendance
Accounting Handbook adopted under §129.1025 of this title (relating
to Adoption By Reference: Student Attendance Accounting Handbook).
Funding for attendance in an OFSDP is proportionate to attendance
in a full-time program meeting the requirements of the TEC, §25.081
(e) Funding under the TEC, Chapters 46, 48, and 49.
Attendance in an OFSDP that is not authorized or does not meet the
requirements of the TEC, §29.0822, or this section is not eligible
for state funding. For funding purposes, attendance for a student
for a 12-consecutive-month school year cannot exceed the equivalent
of one student in average daily attendance with perfect attendance.
(f) Extracurricular participation. A student enrolled
in an OFSDP may participate in a competition or activity sanctioned
by the University Interscholastic League (UIL) only if the student
meets all UIL eligibility criteria.
(g) Conditions of program operation. A school district
and campus operating an OFSDP must comply with all assurances in the
program application. Approved OFSDPs will be required to submit annually
one progress report on a form to be provided by the TEA and signed
by the district superintendent or executive officer. The data in the
progress reports must be disaggregated by ethnicity, age, gender,
and socioeconomic status. Approved OFSDPs will submit data as stated
in the assurances section of the program application.
(1) A school district with a campus operating an OFSDP
must reapply annually to continue to operate an OFSDP to verify that
student eligibility requirements specified in subsection (b) of this
section are met.
(2) A student participating in an OFSDP must take all
assessment instruments as defined by the TEC, §39.023, during
the regularly scheduled administration periods.
(3) A school district operating an OFSDP must conduct
audits every other year of the OFSDP student attendance processes,
procedures, and data quality to maintain eligibility for the program.
Audits may be conducted by an internal auditor, external auditor,
or an authorized school district administrator responsible for student
(4) The commissioner may consider academic performance
and student attendance accounting documentation and procedures to
continue district or campus eligibility for the OFSDP.
(h) School district annual performance review.
(1) Annually, each school district shall review its
progress in relation to the performance indicators required by this
subsection. Progress should be assessed based on information that
is disaggregated with respect to race, ethnicity, gender, and socioeconomic
(A) A school district must include high school graduation
as one of the performance indicators for students participating in
(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
(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
(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
(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