The Texas Education Agency (TEA) proposes an amendment to §100.1207, concerning open-enrollment charter schools. The section addresses student admission procedures. The proposed amendment would set forth provisions concerning student admission and enrollment for charter schools specializing in performing arts.

The Texas Education Code (TEC), Chapter 12, Subchapter D, authorizes the commissioner of education to adopt rules and procedures relating to the implementation of open-enrollment charter schools. Previously, the TEC, §12.111(a)(6), required that charter schools "prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the district the child would otherwise attend...." House Bill (HB) 1111, 79th Texas Legislature, 2005, amended the TEC, §12.111(a)(6), to permit charter schools specializing in performing arts to have admissions policies that require students to demonstrate artistic ability. The bill also added new TEC, §12.1171, to permit these schools to require applicants to audition for admission. Accordingly, current commissioner rule (19 TAC §100.1207) must be amended to permit charter schools specializing in performing arts to admit students based on artistic ability.

The proposed amendment to 19 TAC §100.1207 would modify subsection (d) to allow for this admission and enrollment exception for these specialized charter schools. The proposed amendment would add a new subsection (e) that sets forth the provisions concerning student admission and enrollment for charter schools specializing in performing arts. The proposed new subsection (e) would provide a definition of a "charter school specializing in performing arts" and describe allowable components, in addition to the required academic curriculum, that could be included in an educational program that has an emphasis in one or more of the performing arts. The proposed new subsection (e) would also address requiring students to demonstrate interest or ability in the performing arts or to audition for admission. Other existing non-discrimination provisions and eligibility criteria relating to admission and enrollment would continue to apply.

Ernest Zamora, Associate Commissioner for Support Services, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.

Dr. Zamora has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment would be to provide information and guidance concerning the permissibility of charter schools specializing in performing arts to admit students based on artistic ability or audition. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment.

The public comment period on the proposal begins July 14, 2006, and ends August 13, 2006. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendment submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendment is proposed under the Texas Education Code, Chapter 12, Charters, Subchapter D, Open-Enrollment Charter School, which authorizes the commissioner of education to adopt rules and procedures related to the implementation of open-enrollment charter schools.

The amendment implements the Texas Education Code, §12.111 and §12.1171, as amended and added by HB 1111, 79th Texas Legislature, 2005.