(a) For a student enrolled in only a High School Equivalency Program (HSEP), the following funding rules apply.
  (1) A student is counted as in attendance based on the actual number of minutes each school day the student receives instruction in the HSEP and/or traditional classes toward graduation requirements.
  (2) A student must receive instruction in the HSEP (or HSEP in combination with traditional coursework) at least 45 minutes on a given day for instructional contact time to be recorded. If actual instructional contact time in the HSEP (or HSEP in combination with traditional classes) does not equal at least 45 minutes, the district must record zero minutes of instructional contact time for that day.
  (3) A log of program instructional contact time must be separately maintained for each student participating in the HSEP.
  (4) During the time a student receives instruction in the HSEP, any time in attendance in courses that may be counted toward graduation credit will also be measured as instructional contact time, but must be separately recorded.
  (5) The maximum number of instructional minutes allowed each school day, including any instructional time accounted for in traditional courses toward graduation requirements, is 600 minutes or ten hours.
  (6) To determine attendance for Public Education Information Management System (PEIMS) reporting and Foundation School Program (FSP) funding purposes, instructional contact time recorded for the HSEP will be summed with attendance time in courses toward graduation each six-week reporting period.
  (7) Instructional contact time is funded at the same rate under the FSP formulas as attendance for a full-time equivalent student. A full-time equivalent student is expected to have 1,080 contact hours per year.
(b) Attendance in an HSEP that is not authorized or does not meet the requirements of the Texas Education Code, §29.087, or this subchapter is not eligible for state funding.

Source Note: The provisions of this §89.1413 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective April 28, 2010, 35 TexReg 3259