1. (a) The following entities are eligible to serve as Texas Virtual School Network (TxVSN) statewide course catalog provider districts:

   1. (1) a Texas school district that is rated acceptable as described in the Texas Education Code (TEC), §39.054. A Texas school district may provide an electronic course through the TxVSN to:

      1. (A) students enrolled in that district or school; or
      2. (B) students enrolled in another school district or school in the state;

   2. (2) a charter school that is rated recognized or higher as described in the TEC, §39.202, except that a campus may act as a provider district to students receiving educational services under the supervision of a juvenile probation department, the Texas Juvenile Justice Department, or the Texas Department of Criminal Justice if the campus is rated acceptable under the TEC, §39.054. A charter school may provide an electronic course through the TxVSN to:

      1. (A) students within the school district in which the campus is located or within its service area, whichever is smaller;
      2. (B) students enrolled in another school district or school in the state through an agreement with the school district in which the student resides; or
      3. (C) students enrolled in another school district or school in the state if the student receives educational services under the supervision of a juvenile probation department, the Texas Juvenile Justice Department, or the Texas Department of Criminal Justice through an agreement with the applicable agency;
   3. (3) a Texas public or private institution of higher education that provides a course through the TxVSN statewide course catalog; and
   4. (4) an education service center that adheres to the general provisions of the TEC, Chapter 8, and that provides a course through the TxVSN statewide course catalog.

2. (b) TxVSN provider districts shall:

   1. (1) 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;
   2. (2) notify students in writing upon enrollment to participate in the TxVSN online school with specific dates and details regarding enrollment;
   3. (3) meet all federal and state requirements for educating students with disabilities;
   4. (4) 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; and
   5. (5) ensure a maximum class size limit of 40 students in a single section of a 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.

Source Note:The provisions of this §70.1007 adopted to be effective February 27, 2013, 38 TexReg 1163.