Texas Education Code

Sec. § 29.0822
Optional Flexible School Day Program


(a)

Notwithstanding Section 25.081 (Operation of Schools) or 25.082 (Pledges of Allegiance; Minute of Silence), a school district may apply to the commissioner to provide a flexible school day program for students who:

(1)

have dropped out of school or are at risk of dropping out of school as defined by Section 29.081 (Compensatory, Intensive, and Accelerated Instruction);

(2)

attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; or

(3)

as a result of attendance requirements under Section 25.092 (Minimum Attendance for Class Credit or Final Grade), will be denied credit for one or more classes in which the students have been enrolled.

(b)

To enable a school district to provide a program under this section that meets the needs of students described by Subsection (a), a school district that meets application requirements may:

(1)

provide flexibility in the number of hours each day a student attends;

(2)

provide flexibility in the number of days each week a student attends;

(3)

allow a student to enroll in less than or more than a full course load; or

(4)

allow a student to enroll in a dropout recovery program in which courses are conducted online.

(c)

Except in the case of a course designed for a student described by Subsection (a)(3) or enrolled in a course described by Subsection (b)(4), a course offered in a program under this section must provide for at least the same number of instructional hours as required for a course offered in a program that meets the required minimum number of minutes of operation under Section 25.081 (Operation of Schools).

(d)

The commissioner may adopt rules for the administration of this section, including rules establishing application requirements. Subject to Subsection (d-1), the commissioner shall calculate average daily attendance for students served under this section. The commissioner shall allow accumulations of hours of instruction for students whose schedule would not otherwise allow full state funding. Funding under this subsection shall be determined based on the number of instructional days in the school district calendar and a seven-hour school day, but attendance may be cumulated over a school year, including any summer or vacation session. The attendance of students who accumulate less than the number of attendance hours required under this subsection shall be proportionately reduced for funding purposes. The commissioner may:

(1)

set maximum funding amounts for an individual course under this section; and

(2)

limit funding for the attendance of a student described by Subsection (a)(3) in a course under this section to funding only for the attendance necessary for the student to earn class credit that, as a result of attendance requirements under Section 25.092 (Minimum Attendance for Class Credit or Final Grade), the student would not otherwise be able to receive without retaking the class.

(d-1)

In calculating average daily attendance for students served under this section, the commissioner shall ensure that funding for attendance in a course in a program under this section is based on the same instructional hour requirements of the regular program rather than a full-time equivalent student basis that requires six hours of student contact time to qualify for a full day of attendance.

(e)

A student described by Subsection (a)(3) may enroll in a course in a program under this section offered during the school year or during the period in which school is recessed for the summer to enable the student to earn class credit that, as a result of attendance requirements under Section 25.092 (Minimum Attendance for Class Credit or Final Grade), the student would not otherwise be able to receive without retaking the class.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.03, eff. May 31, 2006.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 364 (H.B. 1297), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 18, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 791 (H.B. 2660), Sec. 1, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 3, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 2, eff. June 15, 2017.
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Jun. 7, 2021