The Texas Education Agency (TEA) adopts an amendment to §100.1207, concerning open-enrollment charter schools. The amendment is adopted without changes to the proposed text as published in the July 14, 2006, issue of the Texas Register (31 TexReg 5520) and will not be republished.

The section addresses student admission procedures. The adopted amendment sets 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...." HB 1111, 79th Texas Legislature, 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 adopted amendment to 19 TAC §100.1207 modifies subsection (d) to allow for this admission and enrollment exception for these specialized charter schools. The adopted amendment also adds a new subsection (e) that sets forth the provisions concerning student admission and enrollment for charter schools specializing in performing arts. New subsection (e) provides a definition of a "charter school specializing in performing arts" and describes 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. New subsection (e) also addresses 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 continue to apply.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.