1. (a) In accordance with Texas Education Code (TEC), §48.005(g-1) and §48.007, a board of trustees of a school district or a governing body of a charter holder may adopt a policy that allows a student to participate in an off-campus instructional program.

2. (b) Off-campus instructional programs shall be provided by:

   1. (1) an institution of higher education that is accredited by one of the regional accrediting associations specified in §74.25 of this title (relating to High School Credit for College Courses);
   2. (2) an entity providing career and technical education courses;
   3. (3) an entity providing student internships;
   4. (4) an entity providing project-based research opportunities;
   5. (5) an entity providing other work-based learning opportunities;
   6. (6) a private school accredited by an entity recognized by the commissioner of education as an accrediting entity for private schools in Texas;
   7. (7) a community-based child-care provider who meets criteria established in TEC, §29.153; or
   8. (8) other off-campus education instruction entities that the district permits to provide course credit for students.

3. (c) To be eligible to participate in an off-campus program, a student must meet the following eligibility criteria.

   1. (1) Students participating in an off-campus program provided by an institution of higher education must:

      1. (A) unless they are 18 years of age or older, have parental approval for the specific off-campus program;
      2. (B) have demonstrated college readiness as outlined in the requirements for participation in dual credit programs in the student attendance accounting handbook adopted under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook);
      3. (C) meet any eligibility requirements adopted by the institution of higher education specified in §74.25 of this title; and
      4. (D) have the approval of the high school principal or other school official designated by the school district or open-enrollment charter school.

   2. (2) Students participating in an off-campus program not provided by an institution of higher education must:

      1. (A) unless they are 18 years of age or older, have parental approval for the specific off-campus program; and
      2. (B) meet any eligibility requirements adopted by the school district or open-enrollment charter school for participation in off-campus programs.

4. (d) Funding eligibility for a student participating in an off-campus program will include time instructed in the off-campus program.

   1. (1) For students participating part time in an off-campus program, a campus may choose an alternate attendance-taking time for a group of students that is scheduled to be off-campus during the regular attendance-taking time. The alternate attendance-taking time will be in effect for the period of days or weeks for which the group is scheduled to be off-campus during the regular attendance-taking time (for example, for the semester or for the duration of employment).
   2. (2) For students participating full time in an off-campus program, a school district or open-enrollment charter school in collaboration with an off-campus program shall establish a regular attendance-taking time. The school district or charter school may choose an alternate attendance-taking time for a group of students that differs from the district or charter school's regular attendance-taking time.
   3. (3) Unless otherwise permitted by the Texas Education Agency (TEA), this alternate attendance-taking time may not be changed once it is selected for a particular group of students.
   4. (4) If attendance is taken at an off-campus location, the school district must ensure that attendance is taken in accordance with the student attendance accounting handbook adopted under §129.1025 of this title.

5. (e) For a school district or an open-enrollment charter school to receive Foundation School Program funding for a student participating in an off-campus program under this section, the district or charter school must have documentation of an agreement between the district or charter school and the entity providing the off-campus program.

   1. (1) The school district or open-enrollment charter school is responsible for ensuring the off-campus program approved under this section complies with any requirements that the TEC or other applicable authority requires that apply for an off-campus program, including, but not limited to:

      1. (A) student enrollment requirements; and
      2. (B) assessments as required by provisions of TEC, Chapter 39;

   2. (2) For attendance and assessment and accountability purposes:

      1. (A) students participating part time in an off-campus program shall remain enrolled in their district or charter school campus; and

      2. (B) except as authorized by subparagraph (C) of this paragraph, students participating full time in an off-campus program shall be enrolled in a campus with a county district campus number (CDCN) established by the school district or charter school for the sole purpose of serving full-time students under this section. A CDCN may be granted for one or more off-campus providers. An application for a new CDCN for a full-time off-campus program must meet all requirements for new CDCNs set forth by TEA.

         1. (i) If performance of the full-time program results in the revocation of the CDCN, for discretionary or mandatory reasons under TEC, Chapter 39A, and other statutes, a school district or charter school is not eligible for funding under this section under the revoked CDCN until TEA reauthorizes the school district or charter school to receive a CDCN for that off-campus provider to serve full-time students.
         2. (ii) Charter schools must also meet expansion criteria and receive approval for an additional campus prior to requesting a new CDCN for a full-time off-campus program.
      3. (C) TEA may authorize a full-time off-campus program to operate without a separate CDCN as required by subparagraph (B) of this paragraph if the number of students enrolled in a full-time off-campus program will not meet the threshold to generate an accountability rating for the campus. A school district or charter school operating a full-time off-campus program must enroll these students in an existing campus.
   3. (3) The commissioner may revoke the eligibility of a school district or charter school to receive funding under this section if the commissioner determines the performance or health and safety of students participating in the off-campus program is no longer satisfactory.

Source Note:The provisions of this §129.1031 adopted to be effective May 24, 2016, 41 TexReg 3694; amended to be effective April 5, 2026, 51TexReg 2058.