(a) A Texas Virtual School Network (TxVSN) online school may serve students in Grades 3-12, but may not serve students in Kindergarten-Grade 2.
(b) A school district or charter school that operates a TxVSN online school that serves students in full-time virtual instruction shall, prior to the start of each academic year, notify the Texas Education Agency (TEA) of grade levels to be served and the total number of students to be served during that academic year. A school district or charter school may not add grade levels after the start of the school year.
(c) A TxVSN online school or a school district or charter school wishing to add additional grade levels to its online program shall certify that the online school has courses sufficient to comprise a full instructional program for each additional grade level to be served by the online school prior to serving that grade level.
(d) School districts or charter schools approved to serve as TxVSN online schools shall follow the TEA procedures related to obtaining a campus number for the virtual campus through which they serve their TxVSN online school students.
(e) School districts and charter schools serving as TxVSN online schools shall:
  (1) follow the same laws and rules that apply to traditional schools unless otherwise indicated in this chapter;
  (2) verify the identity and eligibility of each student seeking to enroll full time in TxVSN online courses;
  (3) notify parents and students of the option to enroll in the TxVSN online school at the time and in the manner that the school district or charter school informs students and parents about instructional programs or courses offered in the district's or school's traditional classroom setting;
  (4) notify students in writing upon acceptance to participate in the TxVSN online school with specific dates and details regarding enrollment;
  (5) document actual dates each student begins and ends enrollment in student data records for local recordkeeping purposes and for state funding reporting purposes;
  (6) ensure that each student enrolled in the TxVSN online school takes any applicable assessment instrument required under the Texas Education Code, §39.023, according to the standard administration schedule and that each assessment is supervised by a proctor;
  (7) allow access to proctored test administrations by any personnel or agent of the TEA;
  (8) adopt an instructional calendar for the TxVSN online school and keep an instructional calendar for each TxVSN online school student on file and make these records available to the TEA, upon request in the requested electronic format;
  (9) meet all reporting requirements established by TxVSN central operations, including timely submission of data required to verify instructor qualifications and complete student and parent surveys and all data necessary for the TxVSN Informed Choice Report required under §70.1031 of this title (relating to Informed Choice Reports);
  (10) assign each teacher that provides instruction in a TxVSN online school a Texas Student Data System Unique Staff Identifier;
  (11) meet all federal and state requirements for educating students with disabilities;
  (12) publish in a prominent location on the Internet website for the school district's or charter school's TxVSN online school:
    (A) a link to the TxVSN Informed Choice Report that includes all of the components required under §70.1031 of this title; and
    (B) any applicable criteria for enrollment and any enrollment deadlines for each TxVSN online school campus;
  (13) provide a contingency plan for the continuation of instructional services to all TxVSN Online School (OLS) program students allowing them to complete their TxVSN OLS program subject areas or courses in the event that the contract or agreement through which the TxVSN OLS program instructional services are provided is terminated or a TxVSN OLS program subject area or course becomes unavailable to the student;
  (14) ensure a maximum class size limit of 40 students in a single section of a Grades 5-12 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;
  (15) organize, retain in a centralized unit or office within the organizational structure of the TxVSN online school, and make available to the TEA, upon request in the requested electronic format, the following:
    (A) the same financial documentation that is required of a traditional campus and documentation sufficient to demonstrate successful course completion;
    (B) detailed records that support the program of instruction; and
    (C) detailed records that document student participation in the TxVSN online school and grades earned;
  (16) require contractors to retain and make available to the TEA, upon request in the requested electronic format, any and all financial and programmatic records, including books, documents, papers, and records, which are directly pertinent to that specific contract for a minimum of seven years from the day the final state funding payment is made and all other pending matters are closed, including resolution of any audits that started within the seven-year retention period, in accordance with the record retention requirements for federal and state programs as mandated by the Texas State Library and Archives Commission;
  (17) ensure the ongoing security of all data and its accessibility to the TEA in the requested electronic format; and
  (18) make decisions regarding serving students with disabilities in accordance with §89.1050 of this title (relating to The Admission, Review, and Dismissal Committee) and regarding English language learners in accordance with §89.1220 of this title (relating to Language Proficiency Assessment Committee).
(f) TxVSN online schools may:
  (1) determine the number of courses a student takes at one time based on individual student needs; however, course placement decisions must enable a student to make reasonable progress toward graduation in a timely manner;
  (2) lend equipment to a student and the parents/legal guardians of a student participating in the TxVSN online school for the duration of the student's enrollment in the TxVSN online school; and
  (3) subsidize or reimburse a student or the parents/legal guardians of a student participating in the TxVSN online school for Internet connectivity for the duration of the student's participation in the TxVSN online school.
(g) TxVSN online schools may not:
  (1) deny participation to any student based on language or disability; or
  (2) promise or provide equipment or any other thing of value to a student or a student's parent as an inducement for the student to enroll in the online school.
(h) Charter schools serving as TxVSN online schools shall:
  (1) operate in compliance with their charter and applicable laws, rules, and regulations;
  (2) continue current education programs and activities at existing physical location(s) and offer the education program as described in the charter;
  (3) obtain approval from the commissioner of education for a charter amendment to change the educational program prior to making the change in the educational program as required in §100.1033(c) of this title (relating to Charter Amendment); and
  (4) count students enrolled in the TxVSN online school toward the charter's enrollment cap and ensure that the charter does not exceed their total enrollment cap.

Source Note: The provisions of this §70.1011 adopted to be effective February 27, 2013, 38 TexReg 1163; amended to be effective April 7, 2015, 40 TexReg 1967