TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 129. STUDENT ATTENDANCE

SUBCHAPTER AA. COMMISSIONER'S RULES

The Texas Education Agency (TEA) proposes an amendment to §129.1031, concerning student attendance. The proposed amendment would clarify student eligibility and attendance reporting for off-campus programs and expand the list of entities that may provide those programs.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 129.1031 explains student and funding eligibility for off-campus programs.

The proposed amendment to §129.1031(a) would update the statutory authority from Texas Education Code (TEC), §42.0052 to §48.005(g-1) and §48.007.

New subsection (b) would expand the types of entities that can provide off-campus instructional programs eligible for course credit. In addition to existing provisions, it would include career and technical education providers, student internships, project-based research opportunities, work-based learning opportunities, private schools accredited by recognized accrediting entities, community-based child-care providers meeting criteria under TEC, §29.153, and other off-campus instructional entities approved by the school district.

New subsection (c) would add eligibility criteria required for a student to participate in an off-campus program.

New subsection (c)(1) would add eligibility criteria needed for students participating in off-campus programs provided by institutions of higher education.

New subsection (c)(1)(A) would state that eligible students must have parental approval for the specific program unless they are 18 or older.

New subsection (c)(2) would add criteria that students participating in an off-campus program not provided by an institution of higher education must meet.

New subsection (c)(2)(A) would add that students need to have parental approval for the specific program unless they are 18 or older.

New subsection (c)(2)(B) would add that students must meet the eligibility requirements adopted by a school district or open-enrollment charter school for participation in off-campus programs.

The proposed amendment to subsection (d)(1) would clarify language to include students participating part time in an off-campus program.

New subsection (d)(2) would be added to explain that, for students enrolled full time in an off-campus program, the school district or charter school would set a specific time to take attendance in coordination with the program. The district or charter would also have the flexibility to choose a different attendance time for certain student groups separate from the district's usual schedule.

The proposed amendment to subsection (d)(3) would specify that alternate attendance-taking times may not be changed once they are selected unless permitted by TEA.

The proposed amendment to subsection (e) would remove the term "college" and replace it with broader language concerning any entity providing an off-campus program.

New subsection (e)(1) would be added to state that the school district or charter school is responsible for ensuring that any approved off-campus program complies with all applicable requirements set by the TEC or other relevant authorities.

New subsection (e)(1)(A) would be added to include student enrollment requirements.

New subsection (e)(1)(B) would be added to include assessments required by provisions of TEC, Chapter 39.

New subsection (e)(2) would be added to specify requirements for attendance and assessment and accountability purposes.

New subsection (e)(2)(A) would be added to require a student participating part time in an off-campus program to remain enrolled in their district or charter school campus.

New subsection (e)(2)(B) would be added to require a student participating full time in an off-campus program to be enrolled in a campus with a county district campus number (CDCN) established by the school district or charter school to fulfill serving full-time students under this section. A CDCN may be granted for one or more off-campus providers. An application for a new CDCN for a full-time off-campus program must meet all requirements for new CDCNs.

New subsection (e)(2)(B)(i) would be added to indicate that, if performance of the full-time program results in the revocation of the CDCN for discretionary or mandatory reasons under TEC, Chapter 39A, and other statutes, a school district or charter school is not eligible for funding under this section under the revoked CDCN until TEA reauthorizes the school district or charter school to receive a CDCN for that off-campus provider to serve full-time students.

New subsection (e)(2)(B)(ii) would be added to indicate charter schools must also meet expansion criteria and receive approval for an additional campus prior to requesting a new CDCN for a full-time off-campus program.

New subsection (e)(2)(C) would be added to authorize a full-time off-campus program to operate without a separate CDCN if the number of students enrolled in a full-time off-campus programs will not meet the threshold to generate an accountability rating for the campus. A district or charter school operating a full-time off-campus program must enroll these students in an existing campus.

New subsection (e)(3) would be added indicating revocation of eligibility of a district or charter school to receive funding if the commissioner determines the performance or health and safety of students participating in the program is no longer satisfactory.

FISCAL IMPACT: Marian Schutte, deputy associate commissioner for authorizing and policy, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation by expanding the list of entities that may provide off-campus programs.

It would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Schutte has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to provide school districts with clarifications on attendance reporting for off-campus programs, expand the types of programs eligible to offer off-campus learning opportunities, and explain student eligibility requirements. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data or reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: TEA requests public comments on the proposal, including, per Texas Government Code, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins November 14, 2025, and ends December 15. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on November 14, 2025. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §48.005(g-1), which requires the commissioner to adopt rules to calculate average daily attendance for students in a blended learning programs where instruction is supplemented with learning opportunities, including internships, externships, and apprenticeships; and TEC, §48.007, which requires the commissioner to adopt verification and reporting procedures concerning time spent by students participating in instructional programs provided off campus by an entity other than a school district or an open-enrollment charter school.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §48.005(g-1) and §48.007.

§129.1031. Reporting Off-Campus Programs.

(a) In accordance with [the] Texas Education Code (TEC), §48.005(g-1) and §48.007 [§42.0052], a board of trustees of a school district or a governing body of a charter holder may adopt a policy that allows a student to participate in an off-campus instructional program.

(b) Off-campus instructional programs shall be provided [The program must be provided only] by:

(1) an institution of higher education that is accredited by one of the regional accrediting associations specified in §74.25 of this title (relating to High School Credit for College Courses);

(8) other off-campus education instruction entities that the district permits to provide course credit for students.

(c) [(b)] To be eligible to participate in an off-campus program, a student must meet the following eligibility criteria. [:]

[(1)] [be in Grade 11 or 12;]

(B) [(2)] have demonstrated college readiness as outlined in the requirements for participation in dual credit programs in the student attendance accounting handbook adopted under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook);

(C) [(3)] meet any eligibility requirements adopted by the institution of higher education specified in §74.25 of this title; and

(D) [(4)] have the approval of the high school principal or other school official designated by the school district or open-enrollment charter school.

(d) [(c)] Funding eligibility for a student participating in an off-campus program will include time instructed in the off-campus program.

(1) For students participating part time in an off-campus program, a [A] campus may choose an alternate attendance-taking time for a group of students that is scheduled to be off-campus during the regular attendance-taking time. The alternate attendance-taking time will be in effect for the period of days or weeks for which the group is scheduled to be off-campus during the regular attendance-taking time (for example, for the semester or for the duration of employment).

(3) Unless otherwise permitted by the Texas Education Agency (TEA), this [This] alternate attendance-taking time may not be changed once it is selected for a particular group of students.

(4) If attendance is taken at an off-campus location, the school district must ensure that attendance is taken in accordance with the student attendance accounting handbook adopted under §129.1025 of this title.

(e) [(d)] For a school district or an open-enrollment charter school to receive Foundation School Program funding for a student participating in an off-campus program under this section, the district or charter school must have documentation of an agreement between the district or charter school and the entity providing the off-campus program [college].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 3, 2025.

TRD-202503975

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: December 14, 2025

For further information, please call: (512) 475-1497