(a) The following entities are eligible to serve as course providers in the Texas Virtual School Network (TxVSN) statewide course catalog:
  (1) a school district that is rated acceptable as described in the Texas Education Code (TEC), §39.054. A Texas school district may provide an electronic course through the TxVSN to:
    (A) a student who is enrolled in that district or school;
    (B) a student who is enrolled in another school district or school in the state; or
    (C) a student who resides in Texas who is enrolled in a school other than a public school district or charter school.
  (2) a charter school that is rated acceptable as described in the TEC, §39.054. A charter school may provide an electronic course through the TxVSN to:
    (A) a student who lives within its service area;
    (B) a student who is enrolled in another school district or school in the state through an agreement with the school district in which the student resides; or
    (C) a student who is enrolled in another school district or school in the state if the student receives educational services under the supervision of a juvenile probation department, the Texas Juvenile Justice Department, or the Texas Department of Criminal Justice through an agreement with the applicable agency;
  (3) an institution of higher education, as defined by 20 United States Code, Section 1001;
  (4) an education service center that adheres to the general provisions of the TEC, Chapter 8; and
  (5) a nonprofit entity, private entity, or corporation approved by the commissioner of education.
    (A) To be approved as a TxVSN course provider, a nonprofit entity, private entity, or corporation must, in accordance with guidelines established by the Texas Education Agency, provide evidence of:
      (i) compliance with all applicable federal and state laws prohibiting discrimination;
      (ii) financial solvency; and
      (iii) prior successful experience offering online courses to middle or high school students, with demonstrated success in course completion and performance as determined by the commissioner.
    (B) A nonprofit entity, private entity, or corporation is not eligible to serve as a course provider in the TxVSN Online School program.
(b) An entity other than a school district or charter school is not authorized to award course credit or a diploma for courses taken through the TxVSN.
(c) TxVSN course providers shall:
  (1) provide the TxVSN receiver district in which each TxVSN student is enrolled with written notice of a student's performance in the course at least once every 12 weeks;
  (2) provide the TxVSN receiver district in which each TxVSN student is enrolled with written notice of a student's performance at least once every three weeks if the student's performance in the course is consistently unsatisfactory, as determined by the TxVSN course provider;
  (3) notify students in writing upon enrollment to participate in the TxVSN course with specific dates and details regarding enrollment;
  (4) meet all federal and state requirements for educating students with disabilities;
  (5) provide a contingency plan for the continuation of instructional services to all TxVSN students allowing them to complete their TxVSN courses in the event that the contract or agreement through which the electronic courses are provided are terminated or the TxVSN courses become unavailable to students;
  (6) ensure a maximum class size limit of 40 students in a single section of a course and ensure that the class size does not exceed the maximum allowed by law and a charter school's charter, as applicable, whichever is less; and
  (7) meet all reporting requirements established by TxVSN central operations, including timely submission of student performance reports, course completion results, catalog data, data required to verify instructor qualifications, and all data necessary for the TxVSN Informed Choice Report required under §70.1031 of this title (relating to Informed Choice Reports).

Source Note: The provisions of this §70.1007 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967