RELATIONS WITH SCHOOLS AND DISTRICTS

Note: For information regarding required cybersecurity training for contractors, see GG.

Facilities

Dual Usage

Educational

Complex

The board of trustees of a junior college district may establish and operate a dual usage educational complex to provide a shared facility for the educational activities of the district and other participating entities.

The board of trustees may enter into a cooperative agreement governing the operation and use of the complex with the governing bodies of one or more of the following entities: a county, municipality, or school district located in whole or in part in the service area of the junior college district; or another institution of higher education with a campus or other educational facility located in the same state uniform service region as adopted by the Coordinating Board.

The junior college district shall coordinate and supervise the operation of the complex. The use and the costs associated with the establishment and operation of the complex shall be shared by the district and the other participating entities under the terms of the cooperative agreement.

Education Code 130.0103

Design or

Construction of an

Instructional or

Athletic Facility

An independent school district and an institution of higher education, including a college district, located wholly or partially in the boundaries of the county in which the district is located, may contract for the district to contribute district resources to pay a portion of the costs of the design or construction of an instructional facility or a stadium or other athletic facilities owned by or under the control of the institution of higher education. A district may contribute

district resources only if the district and the institution of higher education enter into a written agreement authorizing the district to use that facility.

One or more independent school districts and an institution of higher education may contract for the district to contribute district resources to pay a portion of the costs of the design, improvement, or construction of an instructional facility owned by or under the control of the institution of higher education. A district may contribute

district resources only if the district and the institution of higher education enter into a written agreement authorizing the district to use that facility, including authorizing the enrollment of the district’s students in courses offered at that facility.

Education Code 45.109(a-1)-(a-2)

Use of Athletic

Facilities

Any independent school district, acting by and through its board of trustees, may contract with any institution of higher education located wholly or partially within its boundaries, for the use of any stadium and other athletic facilities owned by or under the control of the institution of higher education. The contract may be for any period not exceeding 75 years and may contain terms agreed on by the parties. Education Code 45.109(a)

College Courses in

School District

Facilities

The trustees of an independent school district located in a county contiguous to, but not a part of, a community college district and the governing board of the community college district may enter into a contract providing for the community college to hold college courses in the school district's facilities. The contract must be approved by resolution of the governing boards of the community college district and the school district.

For purposes of state funding, a course held in the school district facilities is considered to be a course held in the community college district if the course:

1. Has been approved by a regional higher education council recognized by rule of the Coordinating Board and in which the district has been designated a member by the Coordinating Board; and

2. Is approved by the Coordinating Board as an out-of-district course for the community college district.

Any statutory or regulatory requirement of local support of a community college program is satisfied by the school district providing its facilities without charge to the community college if the total community college enrollment in the school district does not exceed 1,000 full-time students, or the equivalent.

Either party may terminate a contract under this section by giving the other party at least one year's written notice.

Education Code 130.006-

School District

Courses on College

District Campus

The board of trustees of a school district may operate a school or program or hold a class on the campus of an institution of higher education in this state, including a college district, if the board obtains written consent from the president or other chief executive officer of the institution.

The president or other chief executive officer of an institution of higher education may provide written consent to a board of trustees of a school district regardless of whether the institution is located within the boundaries of the school district. Education Code 11.166

Reports of Academic

Achievement

Under guidelines established by the Coordinating Board and the State Board of Education, postsecondary institutions, including college districts, shall report student performance during the first year enrolled after graduation from high school to the high school or junior college last attended.

This report shall include, but not be limited to, appropriate student test scores, a description of developmental courses required, and the student's grade point average. [For assessment under the Texas Success Initiative (TSI), see EI] Appropriate safeguards for student privacy shall be included in the rules for implementation of this section.

Education Code 51.403(e

College Credit

Program

Each school district shall implement a program under which students may earn the equivalent of at least 12 semester credit hours of college credit in high school. On request, a public institution of higher education in this state, including a college district, shall assist the school district in developing and implementing a program.

The college credit may be earned through:

1. International baccalaureate, advanced placement, or dual credit courses;

2. Articulated postsecondary courses provided for local credit or articulated postsecondary advanced technical credit courses provided for state credit; or

3. Any combination of the courses described above.

A program implemented under the college credit program may provide a student the opportunity to earn credit for a course or activity, including an apprenticeship or training hours:

1. That satisfies a requirement necessary to obtain an industry recognized credential or certificate or an associate degree; and is approved by the Coordinating Board; and

2. For which a student may earn credit concurrently toward both the student's high school diploma and postsecondary academic requirements.

Education Code 28.009(a)-(a-1)

Dual Credit Course

Limitations

A dual credit course offered under this section must be:

1. In the core curriculum of the public institution of higher education providing college credit;

2. A career and technical education course; or

3. A foreign language course.

This requirement does not apply to a dual credit course offered as part of the early college education program established under Education Code 29.908 or any other early college program that assists a student in earning a certificate or an associate degree while in high school.

Education Code 28.009(a-4)-(a-5)

Payment of Costs

A school district is not required to pay a student's tuition or other associated costs for taking a course under this section. Education Code 28.009(a-2)

College Connect

Courses

The purpose of this section is to encourage and authorize public institutions of higher education, including college districts, to deliver innovatively designed dual credit courses that integrate both college-level content in the core curriculum of the institution alongside college-readiness content and skills instruction. These innovatively designed courses will allow students the maximum flexibility to obtain college credit and provide integrated college readiness skills to students who are on the continuum of college readiness and will benefit from exposure to college-level content. 19 TAC 4.86(b)

Student Eligibility

An eligible student must be enrolled in a public school district or open-enrollment charter and meet the requirements of 19 Administrative Code 4.85(b).

Notwithstanding Section 4.85(b), an institution may enroll a high school student who is not exempt or college ready under the requirements of 19 Administrative Code 4.54 or 4.57 in a math or communications College Connect Course offered by the institution.

19 TAC 4.86(c)

Agreement

An institution must enter into an institutional agreement with the secondary school according to 19 Administrative Code 4.84. 19

TAC 4.86(f)(2)

Course Content

The following standards apply to delivery of College Connect Courses:

1. An institution of higher education may only offer College Connect Courses within the institution's core curriculum.

2. An institution shall also incorporate supplemental college readiness content to support students who have not yet

demonstrated college readiness within these courses. The supplemental college readiness content shall be related to

and integrated with the subject matter of the course. An institution may deliver this supplemental instruction through a method at their discretion, including through embedded course content, supplemental corequisite coursework, or

other methods.

The Coordinating Board may provide technical assistance to an institution of higher education or school district in developing and providing these courses.

19 TAC 4.86(d)-(e)

Additional

Academic Policies

College Connect Courses offered through dual credit must confer both a college-level grade and a secondary-level grade upon a student's successful completion of the course. A grade conferred for the college-level course may be different from the secondary-level grade, to reflect whether a student has appropriately demonstrated college-level knowledge and skills as well as secondary-level knowledge and skills. An institution may determine how a student enrolled in this course may earn college credit, whether through college-level course completion or successful completion of a recognized college-level assessment that the institution would otherwise use to award college credit.

An institution is strongly encouraged to provide the maximum latitude possible for a student to withdraw from the college-level course component beyond the census date, while still giving the student an opportunity to earn credit toward high school graduation requirements.

19 TAC 4.86(f)(1), (3)

Funding and Tuition

The Coordinating Board shall fund College Connect Courses in accordance with 19 Administrative Code 4.87.

Hours earned through this program before the student graduates from high school that are used to satisfy high school graduation requirements do not count against the limitation on formula funding for excess semester credit hours under 19 Administrative Code 13.104. [See FD]

19 TAC 4.86(f)(4), (g)

FAST Program

The Texas Education Agency (TEA) and the Coordinating Board shall jointly establish the Financial Aid for Swift Transfer (FAST) program to allow eligible students to enroll at no cost to the students in dual credit courses at participating institutions of higher education, including participating college districts.

"Dual credit course" is defined by 19 Administrative Code 4.83. A “school district” includes a charter school or district operating under Education Code Chapter 12, unless otherwise specified. The term includes the Windham School District. Education Code 28.0095(a)(3), (b); 19 TAC 4.83, 13.500(b),.501(3), (7)

Institution Eligibility

A public institution of higher education is eligible to participate in the program. A participating institution may not charge students attending high school in a Texas school district a tuition rate for dual credit courses in excess of the tuition rate outlined in 19 Administrative Code 13.504. Education Code 28.0095(d); 19 TAC 13.502(a)-(b)

The commissioner shall determine and announce the annual FAST tuition rate not later than the final day of January prior to the start of each fiscal year. The annual tuition rate takes effect in the fall semester following the announcement. 19 TAC 13.504(c)-(d)

Student Eligibility

A student is eligible to enroll at no cost in a dual credit course under

the program if the student:

1. Is enrolled in a high school and eligible for Foundation School Program funding in a Texas school district under rules state law; 2. Is enrolled in a dual credit course at a participating institution of higher education that has entered into a dual credit agreement with the student's school district as set out in 19 Administrative Code 4.84; and

3. Is certified to the institution by the eligible student's school district, or other means authorized by rule as being educationally disadvantaged during the year in which the student is enrolled in a dual credit course described by item 2 or at any time during the four school years preceding the year in which the student is enrolled in a dual credit course described by item 2. To be considered educationally disadvantaged, a student must meet the income requirements for eligibility under the National School Lunch Program (NSLP).

Notwithstanding items 1-3 above, a student is not considered eligible to enroll at no cost to the student in a dual credit course under the program for the current semester or term if the certification described by item 3, above, is made after the institution's census date, as defined by 19 Administrative Code 13.1. For the purposes of items 1-3 above, a student is considered to be enrolled in a high school if the student is enrolled in grade levels 9 through 12 in a school in a Texas school district or has graduated from a high school but is:

1. Enrolled in a school district at a campus designated as a PTECH school under Education Code 29.556 or in a school

district participating in a R-PEP program under Education Code 29.912; and

2. Completing a course of study offered through an institutional agreement in accordance with 19 Administrative Code 4.84 with an institution of higher education under the P-TECH or RPEP programs.

A school district's notice to the institution regarding a student's status as educationally disadvantaged in any of the four years preceding the year in which the student is enrolled in a dual credit course shall occur through the school district's notice to TEA, unless otherwise provided by rule. A school district shall provide notice directly to the institution regarding a student's educationally disadvantaged status if the student is educationally disadvantaged in the year in which the student is enrolled in a dual credit course but was not educationally disadvantaged in any of the four preceding years.

A participating institution shall submit to the Coordinating Board identifying information, as outlined by the Coordinating Board, for students registered for or enrolled in dual credit courses. The Coordinating Board will compare the identifying information to data provided by TEA and will notify the institution as to which students fulfill the requirement outlined in item 3. Because TEA and the Coordinating Board will not have data available to make eligibility determinations regarding students reported directly to the institution as described above, an institution shall consider these students eligible to enroll at no cost in a dual credit course without confirmation from the Coordinating Board.

Education Code 28.0095(c), (e), (g); 19 TAC 13.503, 102.1097(c)

Participation

Agreement

Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the commissioner prior to being approved to participate in the program. 19 TAC 13.502(d)

Cost of Enrollment

A participating institution must ensure that an eligible student incurs no cost for their enrollment in any dual credit course at the institution. This includes, but is not limited to, tuition, fees, books, supplies, or other mandatory course-related expenses. This provision does not prohibit a participating institution from charging a school district for course-related expenses, other than tuition, for an eligible student. 19 TAC 13.502(c)

Funding

The Coordinating Board will provide each participating institution with a disbursement for each fall, spring, and summer semester upon the certification of the institution's eligible enrollments. The Coordinating Board will combine enrollment periods when a semester includes more than one enrollment period (for example, a Summer 1 and a Summer 2 session).

Each disbursement will equal the amount outlined in 19 Administrative Code 13.504 for the relevant semester multiplied by the number of semester credit hours or equivalent in which students who met the eligibility criteria in 19 Administrative Code 13.503 were enrolled in dual credit courses at the institution for the relevant semester.

Funding provided to an institution shall be subject to 19 Administrative Code Chapter 13, Subchapter R.

Education Code 28.0095(h); 19 TAC 13.505(a)-(b), .506

Instructional

Partnerships with

Public Secondary

Schools

Agreements

Required

Generally

A local government, including a college district, may contract or agree with another local government to perform governmental functions and services in accordance with Government Code Chapter 791. An interlocal contract must be authorized by the governing body of each party to the contract, with limited exceptions.

[See GGB] Gov't Code 791.011(a), (d)(1)

Dual Credit

Agreements

For any dual credit partnership between a school district or private school and an institution, an agreement must be approved by the governing boards or designated authorities (e.g., superintendent or chief academic officer) of both the public school district or private secondary school, as applicable, and the institution prior to the offering of such courses. 19 TAC 4.84(a)

Elements

An institutional agreement entered into or renewed between an institution and school district or private school, including a memorandum of understanding or articulation agreement, shall include the following elements:

1. Eligible courses;

2. Student eligibility;

3. Location of class;

4. Student composition of class;

5. Faculty selection, supervision, and evaluation;

6. Course curriculum, instruction, and grading;

7. Academic policies and student support services;

8. Transcripting of credit;

9. Funding, including the sources of funding for courses offered under the program, including, at a minimum, the sources of funding for tuition, transportation, and any required fees, instructional materials, or textbooks for students participating in the program, including for students eligible to take dual credit courses at no cost to the student under the Financial Aid Swift Transfer (FAST) program, under 19 Administrative Code Chapter 13, Subchapter Q;

10. All requirements for joint implementation of the FAST program under Education Code 28.0095, including ensuring the accurate and timely exchange of information necessary for an eligible student to enroll at no cost in a dual credit course, for eligible public schools and students participating in the FAST program, under Chapter 13, Subchapter Q;

11. Defined sequences of courses that apply to academic or career and technical education program requirements at the institution or industry-recognized credentials, where applicable;

12. Specific program goals aligned with the statewide goals developed under Education Code 28.009(b-1), 130A.004, and 130A.101(c)(3);

13. Coordinated advising strategies and terminology related to dual credit and college readiness, including strategies to assist students in selecting courses that will satisfy applicable high school and college requirements for the student's intended program;

14. Provision for the alignment of endorsements described by Education Code 28.025(c-1) offered by the school district and dual credit courses offered under the agreement that apply towards those endorsements with postsecondary pathways and credentials at the institution and industry-recognized credentials;

15. Identification of tools, including online resources developed by TEA, the Coordinating Board, or the Texas Workforce Commission (TWC), to assist counselors, students, and families in selecting endorsements offered by the school district and college courses offered by the institution under the agreement;

16. A procedure for establishing the course credits that may be earned under the agreement, including developing a course equivalency crosswalk or other method of identifying the number of high school and college credits that may be earned for each course completed through the program;

17. A description of the academic supports and, if applicable, other support that will be provided to students participating in the program (e.g., transportation to and from a college campus);

18. The respective roles and responsibilities of the institution of higher education and the school district or private school in providing the program and ensuring the quality of instruction and instructional rigor of the program;

19. A requirement that the school district and the institution consider the use of free or low-cost open educational resources in courses offered under the program; and

20. Designation of at least one employee of the school district or private school or the institution as responsible for providing academic advising to a student who enrolls in a dual credit course under the program before the student begins the course.

Education Code 28.009(b-2); 19 TAC 4.84(b)

Publish Online

Each agreement must be posted each year on the institution of higher education's and the school district's respective internet websites. Education Code 28.009(b-2); 19 TAC 4.84(c)

Reporting

Each institution shall report to the Coordinating Board a list of school districts and private schools with which it has institutional agreements, and the URL where these agreements are posted on the institution's internet website. 19 TAC 4.84(a)

High School Credit-

Only Courses

Public two-year colleges may contract to provide instruction for public secondary schools. An agreement between the public two-year college and the public secondary school must be approved by both governing boards.

Provision of instruction for public secondary schools by public two-year colleges must be in accordance with rules and guidelines established by the State Board of Education. Instruction provided under a contractual agreement may include only coursework necessary for students to complete high school. It does not apply to early admission programs for high school students entering college.

19 TAC 9.125(a), (b)(2)

Instructors

Instructors in contract programs with public secondary schools must meet qualifications required by the public two-year college as well as the minimum guidelines approved by the State Board of Education. 19 TAC 9.125(b)(1)

Funding

Funding for this type of instruction must flow to the public secondary school as the contracting agency. An agreed cost for instruction must be negotiated between the public two-year college and the public secondary school. 19 TAC 9.125(b)(3)

Dual Credit

Programs

Under an agreement with a school district or, in the case of a private high school, with the organization or other person that operates the high school, a public junior college may offer a course in which a student attending a high school operated in this state by the school district, organization, or other person may enroll and for which the student may simultaneously receive both:

1. Course credit toward the student’s high school academic requirements; and

2. Course credit as a student of the junior college, if the student has been admitted to the college district or becomes eligible to enroll in and is subsequently admitted to the junior college.

A public junior college may enter into an agreement with a school district, organization, or other person that operates a high school to offer a course as provided by this section regardless of whether the high school is located within the service area of the junior college district. A public junior college with a service area located wholly or partly in a county with a population of more than three million shall enter into an agreement with each school district located wholly or partly in a county with a population of more than three million to offer one or more courses as provided by Education Code 130.008. A student enrolled in a school district to which this provision applies may enroll in a course at any junior college that has entered into an agreement with the district to offer the course under this provision.

Education Code 130.008(a), (d), (g-1)

Student Eligibility

Requirements

In admitting or enrolling high school students in a course offered for joint high school and junior college credit, a public junior college must apply the same criteria and conditions to each student wishing to enroll in the course without regard to whether the student attends a public school or a private or parochial school, including a

home school. For purposes of this section, a student who attends a school that is not formally organized as a high school and is at least 16 years of age is considered to be attending a high school.

A high school student, a student who is enrolled in private or nonaccredited secondary schools, or a student who is home-schooled is eligible to enroll in dual credit courses if the student:

1. Is not a degree-seeking student as defined in 19 Administrative Code 4.83(10);

2. Demonstrates that the student is exempt under the provisions of the TSI;

3. Demonstrates college readiness by achieving the minimum passing standards under the provisions of the TSI [see EI] on relevant section(s) of an assessment instrument approved by the Coordinating Board; or

4. Meets the eligibility requirements for a Texas First Diploma.

Education Code 130.008(e); 19 TAC 4.85(b)(1)-(2)

Additional

Eligibility

Requirements

An institution may require a student who seeks to enroll in a dual credit course to meet all the institution's regular prerequisite requirements designated for that course (e.g., a minimum score on a specified placement test, minimum grade in a specified previous course, etc.).

An institution may impose additional requirements for enrollment in specific dual credit courses that do not conflict with 19 Administrative Code Chapter 4, Subchapter D.

19 TAC 4.85(b)(3)-(4)

Selection,

Supervision, and

Evaluation of

Faculty

A course offered for joint high school and junior college credit under this section must be taught by a qualified instructor approved or selected by the public junior college. An instructor is qualified if the instructor holds:

1. A doctoral or master's degree in the discipline that is the subject of the course;

2. A master's degree in another discipline with a concentration that required completion of a minimum of 18 graduate semester hours in the discipline that is the subject of the course; or

3. For a course that is offered in an associate degree program and that is not designed for transfer to a baccalaureate degree program:

a. A degree described by item 1 or 2 above;

b. A baccalaureate degree in the discipline that is the subject of the course; or

c. An associate degree and demonstrated competencies in the discipline that is the subject of the course, as determined by the Coordinating Board.

Each institution shall apply the standards for selection, supervision, and evaluation for instructors of dual credit courses as required by the institution's accreditor. A high school teacher may only teach a high school course offered through a dual credit agreement if the teacher is approved by the institution offering the dual credit course.

Education Code 130.008(g); 19 TAC 4.85(e)

Application

Approval

Not later than the 60th day after receipt, a public junior college shall approve or reject an application for approval to teach a course at a high school that is submitted by an instructor employed by the school district, organization, or other person that operates the high school with which the junior college entered into an agreement under this section to offer the course. Education Code 130.008(h)

Location and

Course

Composition

An institution may teach dual credit courses on the college campus or on the high school campus. For dual credit courses taught exclusively to high school students on the high school campus and for dual credit courses taught via distance education, the institution shall comply with 19 Administrative Code Chapter 2, Subchapter J. [See EBA and EBB] 19 TAC 2.200-.207, 4.85(c), .270-.279

A dual credit course may be composed of dual credit students only or of a mixture of dual credit and college students. Notwithstanding the requirements of 19 Administrative Code 4.85(e), exceptions for a mixed class that combines dual credit students and high school credit-only students may be allowed when the creation of a high school credit-only class is not financially viable for the high school and only under one of the following conditions:

1. If the course involved is required for completion under the State Board of Education high school program graduation requirements;

2. If the high school credit-only students are College Board Advanced Placement or International Baccalaureate students; or

3. If the course is a career and technical education course and the high school credit-only students are eligible to earn articulated college credit.

19 TAC 4.85(d)

Eligible Courses

A “dual credit course or dual enrollment course” is a course that meets the following requirements:

1. The course is offered pursuant to an agreement under 19 Administrative Code 4.84.

2. A course for which the student may earn one or more of the following types of credit:

a. Joint high school and junior college credit under Education Code 130.008; or

b. Another course offered by an institution of higher education, for which a high school student may earn semester credit hours or equivalent of semester credit hours toward satisfaction of:

(1) A career and technical education course described by 19 Administrative Code 4.83(3) that satisfies a requirement necessary to obtain an industry-recognized credential, certificate, or an associate degree;

(2) A foreign language requirement at an institution of higher education;

(3) A requirement in the core curriculum, as that term is defined by Education Code 61.821 at an institution of higher education; or

(4) A requirement in a field of study curriculum developed by the Coordinating Board under Education Code 61.823.

3. Dual credit includes a course for which a high school student may earn credit only at an institution of higher education, previously referred to as a dual enrollment course, if the course meets the requirements of this definition.

4. A student may earn a single grade toward both the college course and the high school credit or may earn two separate grades where the high school grade only reflects a student's mastery of secondary content.

5. Dual credit and dual enrollment are synonymous in Administrative Code Title 19, Part 1, of these rules unless otherwise expressly provided by rule.

6. Each dual credit course must meet the requirements of 19 Administrative Code Chapter 4, Subchapter D.

A dual credit course offered by an institution must be in the approved undergraduate course inventory of the institution.

An early college high school may offer any dual credit course as defined above or in Education Code 28.009 and 130.008, subject to the provisions of 19 Administrative Code Chapter 4, Subchapter G.

An institution may not offer a remedial or developmental education course for dual credit. This limitation does not prohibit an institution from offering a dual credit course that incorporates non-course based college readiness content or other academic support designed to increase the likelihood of student success in the college course, including any college connect course.

The institution shall ensure that a dual credit course offered at a high school is at least equivalent in quality to the corresponding course offered at the main campus of the institution with respect to academic rigor, curriculum, materials, instruction, and methods of student evaluation. These standards must be upheld regardless of the student composition of the class, location, and mode of delivery.

Education Code 130.008(a-1)-(a-2); 19 TAC 4.83(10); 85(a), (f)

Academic

Policies and

Student Support

Services

Regular academic policies applicable to courses taught at an institution’s main campus must also apply to dual credit courses. These policies may include the appeal process for disputed grades, drop policy, the communication of grading policy to students, when the syllabus must be distributed, etc. Additionally, each institution is strongly encouraged to provide maximum flexibility to high school students in dual credit courses, consistent with the institution's academic

policies, especially with regard to drop policies, to encourage students to attempt rigorous courses without potential long-term adverse impacts on students' academic records.

Each student in a dual credit course must be eligible to utilize support services that are appropriate for dual credit students. The institution is responsible for ensuring timely and efficient access to such services (e.g., academic advising and counseling), to learning materials (e.g., library resources), and to other benefits for which the student may be eligible.

A student enrolled in a dual credit course at an institution shall file a degree plan with the institution as prescribed by Education Code 51.9685.

19 TAC 4.85(g)

Transcripts

Each institution or high school shall immediately transcript the credit earned by a student upon a student’s completion of the performance required in the course. 19 TAC 4.85(h)

Tuition and State

Funding

An institution may waive all or part of tuition and fees for a Texas high school student enrolled in a course for which the student may receive dual course credit.

A public junior college may submit for funding any course that meets the requirements of 19 Administrative Code Chapter 4, Subchapter D, as provided in 19 Administrative Code Chapter 13, Subchapter S or Subchapter P [see CAAA]. A public junior college may report a course for funding for which a high school student may earn college credit that does not otherwise meet the requirements of Chapter 4, Subchapter D, for the purpose of calculating base tier funding according to the provisions of Chapter 13, Subchapter S or Subchapter P. Such a course is not considered a dual credit or dual enrollment course under Administrative Code Title 19, Part 1.

An institution may submit a dual credit course for funding under the Financial Aid for Swift Transfer (FAST) Program of 19 Administrative Code Chapter 13, Subchapter Q, only if the course meets all the FAST requirements. Nothing in Chapter 4, Subchapter D, shall be construed to prohibit an early college high school program under Education Code 29.908 from participating in or receiving funding under the FAST program.

Education Code 130.008(b)-(c); 19 TAC 4.87

No Requirement

An institution is not required, under the provisions of 19 Administrative Code 4.85, to offer dual credit courses for high school students.

19 TAC 4.85(b)(5)

Remedial Programs

The governing board of a junior college district may contract with the governing board of an independent

school district in the junior college district’s service area for the junior college to provide remedial programs for students enrolled in secondary schools in the independent school district in preparation for graduation from secondary school and entrance into college. The governing board of a junior college district located wholly or partly in a county with a population of more than three million may contract to provide remedial programs described above

with the governing board of any independent school district located wholly or partly in a county with a population of more than three million. [See High School Credit-Only Courses, above] Education

Code 130.090(a)-(a-1)

Tuition and

Funding

The governing board of a junior college district may exempt from tuition a student enrolled in a remedial program. The grant of exemption from tuition does not affect the right of a junior college to an allocation of state appropriations under Education Code Chapters 130 and 130A attributable to the contact hours of the junior college with the student receiving the exemption.

For instances when state funding is provided to both a school district and a public junior college for a student enrolled in a remedial program offered by a junior college, the commissioner of education and the commissioner of higher education shall jointly develop a mechanism to identify and eliminate duplication of state funding.

Education Code 130.090(b)-(d)

College Prep

Courses

Each school district shall partner with at least one institution of higher education to develop and provide courses in college preparatory mathematics and English language arts. The courses must be designed:

1. For students at the 12th grade level whose performance on:

a. An end-of-course assessment instrument required under Section 39.023(c) does not meet college readiness standards; or

b. Coursework, a college entrance examination, or an assessment instrument designated under Section 51.3062(c) indicates that the student is not ready to perform entry-level college coursework; and

2. To prepare students for success in entry-level college courses.

Education Code 28.014(a)

Course Location

A course developed under this section must be provided on the campus of the high school offering the course or through distance learning or as an online course provided through an institution of higher education with which the school district partners. Education Code 28.014(b)

Course

Development

Appropriate faculty of each high school offering courses under this section and appropriate faculty of each institution of higher education with which the school district partners shall meet regularly as necessary to ensure that each course is aligned with college readiness expectations.

Each school district, in consultation with each institution of higher education with which the district partners, shall develop or purchase instructional materials for a course developed under this section consistent with Education Code Chapter 31. The instructional materials must include technology resources that enhance the effectiveness of the course and draw on established best practices.

Education Code 28.014(c), (g)

Credit May Be

Awarded

A course provided under this section may be offered for dual credit at the discretion of the institution of higher education with which a school district partners. Education Code 28.014(f)

Workforce

Continuing

Education

A public junior college may offer, or may enter into an agreement with a school district, organization, or other person that operates a high school to offer, workforce continuing education courses other than learning framework courses, basic employability courses, and basic learning skills courses to a person who:

1. Is enrolled in high school on the completion of the person's sophomore year;

2. Is enrolled in a school that is not formally organized as a high school and is at least 16 years of age; or

3. Is attending high school while incarcerated, is at least 16 years of age, and is not eligible for release from incarceration before the person's 18th birthday.

This section does not prohibit a public junior college from offering community interest continuing education courses using local funds.

Education Code 130.353 [See EFAB for general workforce continuing education]

Funding

Notwithstanding Education Code 130.003 or any other law, contact hours attributable to the enrollment of a student in a workforce continuing education course offered by a public junior college shall be included in the contact hours used to determine the college's allocation of state money appropriated and distributed to public junior colleges under Education Code Chapter 130 and Chapter 130A, regardless of whether the college waives all or part of the tuition or

fees for the course under Education Code 130.354. Education Code 130.352

Waiver of Tuition

and Fees

A public junior college may waive all or part of the tuition or fees charged to a student for a workforce continuing education course only if:

1. The student:

a. Is enrolled in high school or in a school that is not formally organized as a high school;

b. Is 16 years of age or older, who has had the disabilities of minority removed, and is not enrolled in secondary education; or

c. Is under the age of 18 and is incarcerated; or

2. The institution:

a. Determines all or a significant portion of the college's costs for facilities, instructor salaries, equipment, and other expenses for the course are covered by business, industry, or other local public or private entities; or

b. Offers the course in a federal correctional facility and the facilities, equipment, supplies, and other expenses for the course are funded by the federal government.

Education Code 130.354

Dropout Recovery

Partnership

Programs

A public junior college may enter into an articulation agreement to partner with one or more school districts located in the public junior college district to provide on the campus of the public junior college a dropout recovery program for eligible students to successfully complete and receive a diploma from a high school of the appropriate partnering school district in accordance with Education Code 29.402. A public junior college with a service area located wholly or

partly in a county with a population of more than three million may enter into an articulation agreement described by Section 29.402(a) with any school district located wholly or partly in a county with a population of more than three million.

A public junior college under this section may partner with a public technical institute, as defined by Education Code 61.003, to provide, as part of the dropout recovery program curriculum, career and technology education courses that lead to industry or career certification.

Education Code 29.402(a)-(a-1), (c-1)

Financing

A public junior college may receive from each partnering school district for each student from that school district enrolled in a dropout recovery program under this section an amount negotiated between the junior college and that partnering district not to exceed the total average per student funding amount in that school district during the preceding school year for maintenance and operations, including state and local funding, but excluding money from the available school fund.

A public technical institute may receive from a partnering public junior college for each student enrolled in a career and technology education course as provided by Education Code 29.402(c-1), above, an amount negotiated between the public technical institute and the partnering public junior college.

To the extent consistent with the General Appropriations Act, a public junior college is eligible to receive dropout prevention and intervention program funds appropriated to the agency.

A public junior college may receive gifts, grants, and donations to use for the purposes of this section.

Education Code 29.403-.404

Higher Education

Assistance Plans

The institution of higher education, including a college district, in closest geographic proximity to a public high school in this state identified by the Coordinating Board for purposes of this section as substantially below the state average in the number of graduates who enroll in higher education institutions shall enter into an agreement with that high school to develop a plan to increase the number of students from that high school enrolling in higher education institutions. Under the plan, the institution shall:

1. Collaborate with the high school to:

a. Provide to prospective students information related to enrollment in an institution of higher education or a private or independent institution of higher education, including admissions, testing, and financial aid information;

b. Assist those prospective students in completing applications and testing related to enrollment in those institutions, including admissions and financial aid applications, and fulfilling testing requirements; and

c. Target efforts to increase the number of Hispanic students and African-American male students enrolled in higher education institutions; and

2. Actively engage with local school districts to provide access to rigorous, high-quality dual credit opportunities for qualified high school students as needed.

An institution of higher education must include a plan developed by the institution under this section and the results of that plan in its annual report to the Coordinating Board under Education Code 51.4032.

Education Code 51.810(b)-(c)

Early College High

Schools

The commissioner of education shall establish and administer an early college education program for students who are at risk of dropping out of school or who wish to accelerate completion of the high school program. The program must:

1. Provide for a course of study that enables a participating student to combine high school courses and college-level

courses during grade levels 9 through 12;

2. Allow a participating student to complete high school and enroll in a program at an institution of higher education that will enable the student to, on or before the fifth anniversary of the date of the student’s first day of high school, receive a high school diploma and either:

a. An applied associate degree; or

b. An academic associate degree with a completed field of study curriculum that is transferable toward a baccalaureate degree at one or more general academic teaching institutions;

3. Include articulation agreements with colleges, universities, and technical schools in this state to provide a participating student access to postsecondary educational and training opportunities

at a college, university or technical school; and

4. Provide a participating student flexibility in class scheduling and academic mentoring.

Education Code 29.908; 19 TAC 4.151, 102.1091

P-TECH Programs

The commissioner of education shall establish and administer, in accordance with Education Code Chapter 29, Subchapter N, a Pathways in Technology Early College High School (P-TECH) program for students who wish to participate in a work-based education program. The P-TECH program must:

1. Be open enrollment;

2. Provide for a course of study that enables a participating student in grade levels 9 through 12 to combine high school courses and postsecondary courses;

3. Allow a participating student to complete high school and, on or before the sixth anniversary of the date of the student's first day of high school receive a high school diploma and an associate degree, a two-year postsecondary certificate, or industry certification; and complete work-based training through an internship, apprenticeship, or other job training program;

4. Include:

a. Articulation agreements with institutions of higher education in this state to provide a participating student access to postsecondary educational and training opportunities at an institution of higher education; and

b. Memoranda of understanding with regional industry or business partners in this state to provide a participating student access to work-based training and education; and

5. Provide a participating student flexibility in class scheduling and academic mentoring.

Education Code 29.553(a)-(b); 19 TAC 102.1091

Rural Pathway

Excellence

Partnership

The commissioner of education shall establish and administer, in accordance with Education Code 29.912, the Rural Pathway Excellence Partnership (R-PEP) program to incentivize and support multidistrict, cross-sector, rural college and career pathway partnerships that expand opportunities for underserved students to succeed in school and life while promoting economic development in rural areas.

The program must enable an eligible school district that has fewer than 1,600 students in average daily attendance to partner with at least one other school district located within a distance of 100 miles to offer a broader array of robust college and career pathways. Each partnership must:

1. Offer college and career pathways that align with regional labor market projections for high-wage, high-demand careers; and

2. Be managed by a coordinating entity that:

a. Has or will have at the time students are served under the partnership the capacity to effectively coordinate the partnership;

b. Has entered into a performance agreement approved by the board of trustees of each partnering school district that confers on the coordinating entity the same authority with respect to pathways offered under the partnership provided to an entity that contracts to operate a district campus under Education Code 11.174;

c. Is an eligible entity, including a college district; and

d. Has on the entity's governing board as either voting or ex officio members, or has on an advisory body, representatives of each partnering school district and members of regional higher education and workforce organizations.

A school district that has participated in the program may continue to participate in the program regardless of the number of students in average daily attendance in the district for the current school year.

Education Code 29.912(b)-(c-1); 19 TAC 102.1021

Regulation of Home

School Programs

Prohibited

An educational institution, including a college district, supported in whole or in part by state tax funds may not adopt a rule or policy that regulates an educational program of a home school. Education Code 1.010

Criminal Background

Check

Education Code 22.0834(a) applies to a person who is not an applicant for or holder of a certificate under Education Code Chapter 21, Subchapter B, and who is offered employment by an entity or a subcontractor of an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services, if:

1. The employee or applicant has or will have continuing duties related to the contracted services; and

2. The employee or applicant has or will have direct contact with students.

This section does not apply to an employee or applicant of a public works contractor described by Education Code 22.0834(a-1).

If a contracting or subcontracting entity determines that Section 22.0834(a) does not apply to an employee, the contracting or subcontracting entity shall make a reasonable effort to ensure that the conditions or precautions that resulted in the determination that Section 22.0834(a) did not apply to the employee continue to exist throughout the time that the contracted services are provided.

Education Code 22.0834(a)-(a-1), (l)

Qualified School

Contractors

If the contracting entity is a qualified school contractor, a person to whom Section 22.0834(a) applies must submit to a national criminal history record information review by the qualified school contractor before being employed or serving in a capacity described by Section 22.0834(a).

A qualified school contractor may provide a fitness determination based on criminal history record information obtained under Government Code 411.12505 to a school district, charter school, or shared services arrangement.

"Qualified school contractor" means an entity that:

1. Contracts or subcontracts to provide services to a school district, charter school, or shared services arrangement; and

2. Is determined eligible by the Department of Public Safety (DPS) to obtain criminal history record information under the National Child Protection Act of 1993, 34 U.S.C. 40101 et seq., for an employee, applicant for employment, or volunteer of the qualified school contractor.

Education Code 22.0834(b); Gov’t Code 411.12505(a), (d)

Subcontractors

A qualified school contractor acting as a contracting entity shall require that any of its subcontracting entities obtain all criminal history record information that relates to an employee to whom Section 22.0834(a) applies if the subcontracting entity is also a qualified school contractor.

A qualified school contractor shall require that any of its subcontracting entities that are not qualified school contractors comply with Education Code 22.0834(b-1) as it relates to an employee to whom Section 22.0834(a) applies.

Education Code 22.0834(d-1)-(d-2)

Exception

The requirements of Education Code 22.0834(b), (d-1), and (d-2) do not apply to a qualified school contractor if a school district, open-enrollment charter school, or shared services arrangement obtains the criminal history record information of a person to whom this section applies through the criminal history clearinghouse as provided by Government Code 411.0845. Education Code 22.0834(e)

Other School

Contractors

If the contracting entity or subcontracting entity is not a qualified school contractor, a person to whom Section 22.0834(a) applies must submit to a national criminal history record information review by the school district, charter school, regional education service center, commercial transportation company, or education shared services arrangement. Education Code 22.0834(b-1)

Background Check

Procedure

A qualified school contractor or a school district, open-enrollment

charter school, or shared services arrangement shall obtain all

criminal history record information that relates to a person to whom

Section 22.0834(a) applies through the criminal history clearinghouse

as provided by Government Code 411.0845.

Before or immediately after employing or securing the services of a

person to whom Education Code 22.0834(a) applies, the qualified

school contractor or school district, open-enrollment charter school,

or shared services arrangement shall send or ensure that the person

sends to the DPS information that is required by DPS for obtaining

national criminal history record information, which may include

fingerprints and photographs.

A school district, open-enrollment charter school, shared services

arrangement, or qualified school contractor may obtain from any

law enforcement or criminal justice agency all criminal history record

information that relates to a person to whom this section applies.

A school district, charter school, regional education service center,

commercial transportation company, education shared services arrangement,

or qualified school contractor, contracting entity, or subcontracting

entity may not permit an employee to whom Section

22.0834(a) applies to provide services at a school if the employee

has been convicted of a felony or misdemeanor offense that would

prevent a person from being employed under Education Code 22A.157(a).

Education Code 22.0834(c)-(d), (h), (o)