1. (a) At the time and in the manner that a school district or charter school informs students and parents about courses that are offered in the district's or school's traditional classroom setting, the district or school shall notify parents and students of the option to enroll in an electronic course offered through the Texas Virtual School Network (TxVSN).
2. (b) A school district or charter school in which a student is enrolled as a full-time student may not unreasonably deny the request of a parent/legal guardian of a student to enroll the student in an electronic course offered through the TxVSN.

3. (c) A school district or charter school is not considered to have unreasonably denied a request to enroll a student in an electronic course if:

   1. (1) the district or school can demonstrate that the electronic course does not meet state standards or standards of the district or school that are of equivalent rigor as the district's or school's standards for the same course provided in a traditional classroom setting;

   2. (2) a student attempts to enroll in a course load that:

      1. (A) is inconsistent with the student's high school graduation plan; or
      2. (B) could reasonably be expected to negatively affect the student's performance on an assessment instrument administered under the Texas Education Code, §39.023; or
   3. (3) the student requests permission to enroll in an electronic course at a time that is not consistent with the enrollment period established by the school district or charter school providing the course.
4. (d) Notwithstanding subsection (c)(3) of this section, a school district or charter school that provides an electronic course through the TxVSN shall make all reasonable efforts to accommodate the enrollment of a student in the course under special circumstances.

5. (e) A parent/legal guardian may appeal to the commissioner of education a school district's or charter school's decision to deny a request to enroll a student in an electronic course offered through the TxVSN.

   1. (1) The parent shall submit a written request to the commissioner within ten business days of receiving a final decision in the local grievance process that the student was denied the opportunity to enroll in an electronic course offered through the TxVSN in accordance with guidelines established by the Texas Education Agency.
   2. (2) An appeal under this section shall be based on review of the local record developed in the grievance process.
   3. (3) If the commissioner determines that a student was unreasonably denied the opportunity to enroll in an electronic course, the school district or charter school shall immediately enroll the student in the electronic course or a similar course in accordance with the enrollment windows established by the provider.
   4. (4) The commissioner's decision under this section is final and may not be appealed.

Source Note:The provisions of this §70.1035 adopted to be effective February 27, 2013, 38 TexReg 1163.