Adopted Rules Title 19

TITLE 19. EDUCATION

CHAPTER 70. TECHNOLOGY-BASED INSTRUCTION

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING THE TEXAS VIRTUAL SCHOOL NETWORK (TXVSN)

19 TAC §§70.1001, 70.1005, 70.1008, 70.1009, 70.1013, 70.1015, 70.1017, 70.1027, 70.1028

The Texas Education Agency (TEA) adopts amendments to §§70.1001, 70.1005, 70.1008, 70.1009, 70.1013, 70.1015, 70.1017, 70.1027, and 70.1028, concerning the Texas Virtual School Network (TxVSN). The amendments are adopted without changes to the proposed text as published in the August 16, 2024, issue of the Texas Register (49 TexReg 6140) and will not be republished. The adopted amendments permit courses lower than Grade 9 to be offered to Texas public schools through the statewide course catalog, update the definition of central operations and student eligibility for full-time enrollment in the TxVSN, eliminate references to the International Association for K-12 Online Learning, and update references to statute and other administrative rule.

REASONED JUSTIFICATION: In 2003, the 78th Texas Legislature, Regular Session, established the electronic course program, allowing school districts to offer electronic courses through a full-time online program. Texas Education Code (TEC), Chapter 30A, State Virtual School Network, added by the 80th Texas Legislature, 2007, provided for the establishment of a state virtual school network to provide supplemental online courses. In 2009, House Bill (HB) 3646, 81st Texas Legislature, Regular Session, incorporated the electronic course program under the state virtual school network. Additional amendments to TEC, Chapter 30A, were adopted in 2011 and 2015. In 2017, Senate Bill 587, 85th Texas Legislature, Regular Session, amended eligibility requirements for students to enroll full time in the TxVSN. In 2019, HB 3, 86th Texas Legislature, updated references to statute.

The commissioner adopted 19 TAC Chapter 70 effective February 27, 2013. Additional revisions were adopted effective April 7, 2015. The adopted amendments update portions of the rules to align with changes made to statute in 2017 and 2019. Additionally, the adopted amendments permit courses lower than Grade 9 to be offered to Texas public schools through the statewide course catalog, update the definition of central operations, and eliminate references to the International Association for K-12 Online Learning.

The adopted amendment to §70.1001, Definitions, revises the successful course completion definition, allowing for the expansion of courses to be offered in the statewide course catalog by removing high school-specific references. The adopted amendment clarifies the successful program completion definition and updates who carries out the day-to-day operations of the TxVSN because TxVSN central operations was statutorily transitioned to TEA.

The adopted amendments to §70.1005, Texas Virtual School Network Course Requirements; §70.1027, Requirements for Educators of Electronic Courses; and §70.1028, Requirements for Texas Virtual School Network Educator Professional Development, revise the name of the national standards that are used to establish quality online courses.

The adopted amendment to §70.1009, Texas Virtual School Network Online School Eligibility, updates a cross reference to the rule on financial accountability ratings.

The adopted amendment to §70.1013, Texas Virtual School Network Student Eligibility, updates a cross reference to reflect the renumbering of statute.

The adopted amendment to §70.1015, Texas Virtual School Network Enrollment, Advancement, and Withdrawal, revises the requirements for a student's home district to include earned grades in the student's academic record and clarifies that a student enrolled full time in an online school program in Grades 3-8 must demonstrate academic proficiency sufficient to earn promotion to the next grade level.

The adopted amendment to §70.1017, Texas Virtual School Network Compulsory Attendance, revises the successful completion attendance requirements by removing grade level references to courses and programs.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began August 16, 2024, and ended September 16, 2024. Following is a summary of public comments received and agency responses.

Comment. The Texas Computer Education Association stated that the digital teaching micro-credential as authorized by House Bill 1, General Appropriations Act, Article III, Rider 39(d), 88th Texas Legislature, Regular Session, 2023, and TEC, §21.054, Continuing Education, should be included in §70.1027.

Response. The agency disagrees that the digital teaching micro-credential should be included in this rule because the requirement in TEC, §21.054, is a requirement for State Board for Educator Certification rules and not commissioner of education rules.

Response. The agency disagrees that the digital teaching micro-credential should be included in §70.1028 because this section establishes a process for approval of professional development and does not list specific credentials or professional development in the rule.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code, §30A.051(b), which authorizes the commissioner of education to adopt rules necessary to implement the state virtual school network.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §30A.051(b).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 30, 2025.

TRD-202500307

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: February 19, 2025

Proposal publication date: August 16, 2024

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