(a) Intent and purpose. The Job Corps diploma program develops and implements educational programs specifically designed for persons eligible for enrollment in a Job Corps training program established by the U.S. Department of Labor. The Job Corps diploma program was established in order for eligible students to satisfy the requirements necessary to receive a high school diploma.
(b) Student eligibility. A person is eligible to participate in the Job Corps diploma program if the person is enrolled in an established Job Corps training program and has not satisfied the state requirements to receive a high school diploma. Any person enrolled in good standing in the Job Corps diploma program is eligible for programs or services under the Texas Education Code (TEC), Chapter 18. A person's eligibility for programs and services under the TEC, Chapter 18, does not make a person ineligible for an education program or service under any other chapter of the TEC.
(c) Program requirements. The TEC, §1.001, applies to a Job Corps diploma program operated by or under contract with the U.S. Department of Labor.
  (1) The Job Corps diploma program shall provide a course of instruction that includes the required curriculum under the TEC, §28.002, §74.1 of this title (relating to Essential Knowledge and Skills), and §74.3 of this title (relating to Description of a Required Secondary Curriculum).
  (2) The Job Corps diploma program shall offer, annually, at least all the courses required for an eligible student to graduate under the applicable minimum high school program described in Chapter 74 of this title (relating to Curriculum Requirements).
  (3) A student enrolled in the Job Corps diploma program must satisfy the appropriate Texas Assessment of Knowledge and Skills assessments required for graduation before receiving a high school diploma.
(d) Accountability procedures. Job Corps diploma program evaluations and ratings issued in 2009 are based upon specific procedures, standards, and performance indicators, which are described in the Job Corps Diploma Program Accountability Procedures Manual, dated August 2008, provided in this subsection. The specific procedures, standards, and performance indicators used in the Job Corps Diploma Program Accountability Procedures Manual adopted for use prior to 2009 remain in effect for all purposes, including accountability, data standards, and audits, with respect to the applicable school year.
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(e) Annual review. The Texas Education Agency (TEA) shall conduct an annual review to evaluate Job Corps diploma program performance based on indicators provided in the Job Corps Diploma Program Accountability Procedures Manual described in subsection (d) of this section. The diploma program shall comply with all applicable requirements of state laws and rules.
(f) Performance indicators. Annually, the commissioner of education shall review and determine the student performance indicators appropriate to the characteristics of the students served by the Job Corps diploma program. The performance of the Job Corps diploma program shall be evaluated on the basis of the specific indicators as determined by the commissioner of education.
  (1) The annual evaluation shall be based on, at a minimum, the following performance indicators:
    (A) student performance on appropriate grade levels and subject areas assessed by the Texas Assessment of Knowledge and Skills;
    (B) dropout rate for the grade levels served; and
    (C) diploma program completion rate.
  (2) To the extent appropriate, the annual performance review shall incorporate other indicators from the Academic Excellence Indicator System (AEIS) under the TEC, Chapter 39.
(g) Accountability ratings and criteria. The procedures for determining the Job Corps diploma program accountability ratings are established in the Job Corps Diploma Program Accountability Procedures Manual described in subsection (d) of this section.
  (1) The Job Corps diploma program performance on selected AEIS indicators shall be used by the TEA in determining the annual performance rating of the Job Corps diploma program.
  (2) A performance rating assigned to the Job Corps diploma program may be appealed to the commissioner of education in accordance with the procedures established in the Job Corps Diploma Program Accountability Procedures Manual described in subsection (d) of this section.
  (3) The commissioner of education may lower the Job Corps diploma program accountability rating based on the findings of an on-site investigation conducted under the TEC, Chapter 39.
  (4) If a Job Corps diploma program is below a standard set under the TEC, Chapter 39, for an accountability indicator used for performance ratings, the program is considered a low-performing program. If the Job Corps diploma program is low performing for a period of two consecutive years or more, the commissioner of education may close the program.
(h) Reporting of data. The Job Corps diploma program shall report to the TEA accountability data on a submission schedule determined by the TEA. Performance data shall be disaggregated with respect to student attributes as determined by the commissioner of education.

Source Note: The provisions of this §97.2001 adopted to be effective December 10, 2006, 31 TexReg 9827; amended to be effective November 28, 2007, 32 TexReg 8502; amended to be effective November 15, 2009, 34 TexReg 8034