(a) In accordance with the Texas Education Code, §28.025(b-9), each school district or open-enrollment charter school may allow a student to satisfy the fine arts credit required for graduation on the foundation high school program by participating in a community-based fine arts program not provided by the district or charter school in which the student is enrolled.
(b) In accordance with local district policy, credit may be earned through participation in the community-based fine arts program only if the program meets each of the following requirements.
  (1) The school district or charter school must apply to the commissioner of education for approval of the community-based fine arts program.
  (2) The school district's board of trustees or charter school's governing body must certify that the program provides instruction in the essential knowledge and skills for fine arts as defined by Chapter 117, Subchapter C, of this title (relating to High School).
  (3) The school district or charter school must document student completion of the approved activity.
  (4) The program must be organized and monitored by appropriately trained instructors.
  (5) The fine arts program may be provided on or off a school campus and outside the regular school day.
  (6) Students may not be dismissed from any part of the regular school day to participate in the community-based fine arts program.
(c) The school district or charter school shall require that instructors of the community-based fine arts program provide the school entity, at its request, the information necessary to obtain the criminal history record information required for school personnel in accordance with Chapter 153, Subchapter DD, of this title (relating to Criminal History Record Information Review), if the community-based program is offered on campus.

Source Note: The provisions of this §74.1030 adopted to be effective December 28, 2014, 39 TexReg 10443