GNC(LEGAL) - RELATIONS WITH EDUCATIONAL ENTITIES: COLLEGES AND UNIVERSITIES
Facilities
Dual Usage Educational Complex
A district may enter into a cooperative agreement with a community college district regarding a dual usage educational complex, provided the district is located in whole or in part in the service area of the college district. The college district shall coordinate and supervise the operation of the complex. The use and the costs associated with the establishment and operation of the complex shall be shared by the parties under the terms of the cooperative agreement. Education Code 130.0103
Instructional or Athletic Facility
A board may contract with an institution of higher education located wholly or partially within the district's boundaries for the use of any stadium and other athletic facilities owned by or under the control of the institution of higher education.
A district and an institution of higher education located wholly or partially in the boundaries of the county in which the district is located may contract for the district to pay a portion of the costs of the design or construction of an instructional facility or a stadium or other athletic facilities owned by or under the control of the institution of higher education.
Education Code 45.109 [See CX]
College Courses in District Facilities
If a district is located in a county contiguous to, but not part of, a community college district, a board may enter into a contract with the community college district for the community college to hold college courses in a district's facilities. The contract shall be approved by board resolution. Either party may terminate the contract by giving the other party at least one year's written notice. Education Code 130.006
District Courses on Higher Education Campus
A board may operate a school or program or hold a class on the campus of an institution of higher education in this state if the board obtains written consent from the president or other chief executive officer of the institution, regardless of whether the institution is located within the boundaries of the district. Education Code 11.166
Instructional Partnerships with Community College Districts
Types of instructional partnerships between a district and a community college district include:
Award of High School Credit (see HIGH SCHOOL CREDIT-ONLY COURSES, below).
Award of Dual Course Credit (see DUAL CREDIT COURSES, below).
Tech-Prep Programs.
Remedial or Developmental Instruction (see REMEDIAL PROGRAMS, below).
College Preparatory Programs for High School Students. College prep courses are locally developed through a memorandum of understanding created between school districts and public two-year colleges.
19 TAC 9.143, .146
Agreement
For any educational partnership between a district and a community college district, an agreement must be approved by the board or designee of both the district and the college district. The partnership agreement must address the following:
Student eligibility requirements.
Faculty qualifications.
Location and student composition of classes.
Provision of student learning and support services.
Eligible courses.
Grading criteria.
Transcripting of credit.
Funding provisions.
19 TAC 9.144
High School Credit-Only Courses
A district may contract with a community college district for the college district to provide coursework necessary for students to complete high school. The district and college district shall negotiate an agreed cost for instruction. 19 TAC 9.125
Dual Credit Courses
A district may enter into an agreement with a public college to form a dual credit partnership. Dual credit means the process by which a high school student enrolls in a college course and receives simultaneous academic credit for the course from both the college and high school. 19 TAC Ch. 4, Subch. D [See EHDD(LEGAL)]
Remedial Programs
A board may contract with the board of the community college district in which a district is located for the college district to provide remedial programs for students enrolled in a district's secondary schools in preparation for graduation from secondary school and entrance into college. Education Code 130.090; 19 TAC 9.146
Dropout Recovery Program
A school district may enter into an articulation agreement to partner with the public junior college district in which the school district is located to provide on the campus of the college a dropout recovery program for students to successfully complete and receive a diploma from a high school of the school district. Education Code 29.402(a)
A district located wholly or partly in a county with a population of more than three million may enter into an articulation agreement with any public junior college with a service area located wholly or partly in a county with a population of more than three million. Education Code 29.402(a-1)
The program must meet the requirements at Education Code 29.402(c) and 29.081(e), (f). Education Code 29.402(c), (d)
Student Eligibility
A person is eligible to enroll in the dropout recovery program if the person:
Is under 26 years of age;
Must complete not more than three course credits to complete the curriculum requirements for the foundation high school program, as appropriate, for high school graduation; or
Has failed to perform satisfactorily on an end-of-course assessment instrument under Education Code 39.023(c), or an assessment instrument under Education Code 39.023(c) as that section existed before 2007. [See EKB]
Education Code 29.402(b)
Funding
A school district shall pay the college district a negotiated amount for each student from the school district enrolled in the dropout recovery program. The negotiated amount shall not exceed the total average per student funding amount in that school district during the preceding school year for maintenance and operations, including state and local funding, but excluding money from the available school fund. Education Code 29.403(a)
A student who is enrolled in a dropout recovery program is included in determining the average daily attendance of the school district. Education Code 29.403(b)
Plan to Increase Higher Education Enrollment
An affected district, as described below, shall enter into an agreement with the public institution of higher education in this state in closest geographic proximity to the district to develop a plan to increase the percentage of the district's graduating seniors who enroll in an institution of higher education for the academic year following graduation. The plan must address the elements at Education Code 29.904(d). Education Code 29.904(c), (d)
Affected District
An affected district is one with one or more high schools that:
During the preceding five years, have had an average of at least 26 students in the high school graduating class; and
For any two consecutive years during the preceding five years, have been among the lowest ten percent of high schools in this state in the percentage of students graduating and enrolling for the following academic year in an institution.
Education Code 29.904(a)
Time Line
Unless a district is already operating under a plan to increase enrollment, not later than May 1 of each year TEA shall notify a district if it is an affected district. The district must enter into an agreement to develop a plan to increase enrollment by August 1 of the year in which it receives notice from TEA. Education Code 29.904(b), (c)
A district shall file the plan with the Commissioner of Education and the Commissioner of Higher Education. A district must implement the plan at the beginning of the school year following the year during which the district receives notice from TEA that it is an affected district. A district may revise the plan as necessary in response to achieving or failing to achieve goals under the plan. Education Code 29.904(e)–(g)
Brenham ISD
GNC(LEGAL)-P
UPDATE 103
DATE ISSUED: 9/30/2015