Proposed Rules Title 19

TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

SUBCHAPTER B. FAMILY PRACTICE RESIDENCY PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter B, §§10.50 - 10.58, concerning the administration of the Family Practice Residency Program grant. Specifically, the new rules are a revision of existing rules in Chapter 6, Subchapter A, which will be repealed in future rulemaking. The new rules include updated sections to ensure consistency with administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these proposed rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

Rule 10.50, Purpose, establishes the purpose for the subchapter is to administer the Family Practice Residency Program grant designed to improved organization and consistency for Coordinating Board grant program rules overall, and improved rules for the application, review, and awarding of funds of the Family Practice Residency grant program.

Rule 10.51, Authority, establishes authority for this subchapter is found in Texas Education Code, Sections 61.501 - 61.506, which grants the Coordinating Board with authority to adopt rules to administer the grant program.

Rule 10.52, Definitions, defines terms related to administration of the grant program.

Rule 10.53, Eligibility, establishes eligibility criteria to receive grant funding.

Rule 10.54, Application Process, describes the main criteria that must be included in the grant application.

Rule 10.55, Evaluation of Applications, establishes selection criteria for awards.

Rule 10.56, Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.

Rule 10.57, Reporting, establishes reporting requirements for grantees.

Rule 10.58, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.

Elizabeth Mayer, Assistant Commissioner Academic and Health Affairs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Elizabeth Mayer, Assistant Commissioner Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section improved organization and consistency for Coordinating Board grant program rules overall, and improved rules for the application, review, and awarding of funds of the Family Practice Residency grant program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Elizabeth Mayer, Assistant Commissioner Academic and Health Affairs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAcomments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new sections are proposed under Texas Education Code, Sections 61.501 - 61.506, which provide the Coordinating Board with rulemaking authority for administration of the grant program.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter B.

§10.50.Purpose.

The purpose of this subchapter is to implement the Family Practice Residency Program to administer awards to Texas medical schools, licensed hospitals, or nonprofit corporations aimed to increase the number of physicians selecting family practice as their medical specialty and to fulfill the goal of increasing access to medical care in medically underserved communities in Texas.

§10.51.Authority.

The authority for this subchapter is found in Texas Education Code, §§61.501 - 61.506.

§10.52.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Advisory Committee--The Family Practice Residency Advisory Committee as created and described in Texas Education Code §61.505.

(2) Approved Family Practice Residency Program--A family practice residency program, as described in Texas Education Code, §61.501(2).

(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

(4) Commissioner--The Texas Commissioner of Higher Education.

(5) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board and its staff.

(6) Medical school--An eligible medical institution as identified in Texas Education Code §61.501(1).

(7) Medically Underserved--Areas or populations experiencing infant mortality, poverty, or an elderly population at a rate that exceeds the state average, or having a ratio of population to primary care physician that exceeds the state average for the given geographic designation.

(8) Operational Grant--An annual, renewable grant to support the educational activities of a fully-accredited family practice residency program.

(9) Resident Physician--A physician contractually obligated to a Texas medical school, Texas licensed hospital, or non-profit corporation operating in Texas to receive residency education and training for a specified period.

(10) Rural--A location in Texas that is eligible for Federal Office of Rural Health Policy grant programs.

(11) Support Grant Program--A Grant that includes an optional one-month rotation in a rural or public health setting in Texas where the faculty support a grant that provides funds to support the leadership development of faculty of a family practice residency program. The advisory committee may recommend funding amounts for support grants.

(12) Urban--Any area in Texas that is not rural, as defined in this section.

§10.53.Eligibility.

To be eligible to apply for and receive grant funding, a Texas medical school, Texas licensed hospital, or nonprofit corporation operating in Texas shall:

(1) Provide evidence that the residency program is accredited by the Accreditation Council on Graduate Medical Education (ACGME);

(2) Provide evidence that the residency program has been operational for three or more academic years; and

(3) Demonstrate the training program's viability and efforts to recruit residents likely to practice in medically underserved urban or medically underserved rural areas of the state and the program's encouragement of residents to enter practice in medically underserved urban or medically underserved rural areas of the state.

§10.54. Application Process.

(a) Operational and Faculty Support Grants.

(1) An eligible program must submit an application to the Coordinating Board. Each application shall:

(A) be submitted electronically in a format specified by the Coordinating Board;

(B) be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified by the Coordinating Board.

(2) Each application must include:

(A) The projected number of family practice residents enrolled if grant funds are awarded;

(B) A budget that includes resident compensation, professional liability, and other direct resident costs; and

(b) Support Grants for Rotation Programs. An eligible program shall submit notification of a resident's intent to complete a rural or public health rotation two-months prior to the beginning of the rotation and shall:

(1) Provide evidence that the program sponsored a resident in a rural or public health rotation; and

(2) Submit evaluations and request for funds upon completion of the rotation.

§10.55.Evaluation of Applications.

(a) Applications for Family Practice Residency Program grants shall be reviewed and evaluated by the Family Practice Residency Advisory Committee.

(b) The Advisory Committee's review shall include the following:

(1) Evidenced-based determination that the proposed program will be able to efficiently and effectively provide indigent health care and training to family practice residency physicians;

(2) Existing and anticipated costs and funding for new and existing programs requesting funding; and

(3) The program's performance in:

(A) improving the distribution of family physicians throughout the state;

(B) providing care to medically underserved urban or medically underserved rural areas of Texas; and

(c) The Advisory Committee shall submit a recommendation to the Board for approval and funding of operational and related support grant programs.

§10.56.Grant Awards.

(a) The amount of funding available for the Family Practice Residency Program is dependent on the legislative appropriation for the program for each biennial state budget. Award levels will be determined by a formula approved by the Board based upon the number of certified resident physicians in the training program.

(b) Grant awards shall be subject to approval pursuant to §1.16 of this title (relating to Contracts, Including Grants, for Materials and/or Services).

(c) The Board shall award all Family Practice Residency Grants after receiving the recommendations of the Family Practice Residency Advisory Committee. The Advisory Committee shall annually report all awards to the Board.

(d) A grantee may only expend grant funds on the salary of the resident physician, professional liability, and other direct costs that are necessary and reasonable to support the residency position as stated in grantee's budget, and in accordance with the applicable rules and statutes for the program.

§10.57.Reporting.

(a) Each grantee shall file program narrative, expenditure, and resident roster reports in a format on or before the day and time specified by the Coordinating Board.

(b) No later than ninety (90) days after the end of the Operational Grant or Support Grant Program, the grantee shall conduct a post award audit. The post award audit shall include a review of program goals and grant expenditures. To fulfill this requirement, a grantee shall submit the following reports to the Coordinating Board:

(1) A final narrative report on the grant program's efforts to recruit residents likely to practice in medically underserved urban or medically underserved rural areas of the state and the program's encouragement of residents to enter practice in medically underserved urban or medically underserved rural areas of the state addressing the needs of communities or regions; and

(2) A final expenditure report for all expended grant funds. The final expenditure report must include an attestation from Grantee that all expenditures were allowable expenses pursuant to law and regulation.

§10.58.Additional Requirements.

(a) Cancellation or Suspension of Grant Solicitations. The Commissioner has the right to reject all applications and cancel a grant solicitation at any point.

(b) Forfeiture and Return of Funds.

(1) A grantee shall return to the Coordinating Board any award funds remaining unspent at the end of the grant term as set forth in the contract or agreement not later than sixty (60) calendar days after the close of the grant term.

(2) A grantee shall notify the Coordinating Board within thirty (30) calendar days of any funded residency position that is vacated.

(3) A grantee shall have sixty (60) calendar days from notification to the Coordinating Board of the vacated position to refill the funded residency position.

(4) If the grantee fails to refill the position in the required timeline, the grantee forfeits and shall return, if grant funds were received, a proportionate share of the grant award for each unfilled residency position as determined by the Commissioner.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403585

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 427-6182

SUBCHAPTER H. TEXAS EMERGENCY AND TRAUMA CARE EDUCATION PARTNERSHIP PROGRAM

19 TAC §§10.170 - 10.179

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter H, §§10.170 - 10.179, concerning the Texas Emergency and Trauma Care Education Partnership Program. Specifically, the new rules are a revision of existing rules in Chapter 6, Subchapter E, which will be repealed in future rulemaking. The new rules include updated sections to ensure consistency with administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these proposed rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

Rule 10.170, Purpose, establishes the purpose for the subchapter is to administer the Texas Emergency and Trauma Care Education Partnership Program.

Rule 10.171, Authority, establishes authority for this subchapter is found in Texas Education Code, §§61.9801 - 61.9807, which grants the Coordinating Board with authority to adopt rules to administer the grant program.

Rule 10.172, Definitions, defines terms related to administration of the grant program.

Rule 10.173, Eligibility, establishes eligibility criteria to receive grant funding.

Rule 10.174, Application Process, describes the main criteria that must be included in the grant application.

Rule 10.175, Evaluation of Applications, establishes selection criteria for awards.

Rule 10.176, Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.

Rule 10.177, Reporting, establishes reporting requirements for grantees.

Rule 10.178, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.

Rule 10.179, Administrative Costs, provides direction on how funds can be appropriated for administrative costs of the grant program.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Elizabeth Mayer, Assistant Commissioner Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the section is improved organization and consistency for Coordinating Board grant program rules overall, and improved rules for the application, review, and awarding of funds of the Texas Emergency and Trauma Care Education Partnership Program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter HH, Sections 61.9801 - 61.9807, which provide the Coordinating Board with rulemaking authority for administration of the grant program.

The proposed new sections affect Texas Education Code, Sections 61.9801 - 61.9807.

§10.170.Purpose.

The purpose of this subchapter is to administer the Texas Emergency and Trauma Care Education Partnership Program to provide and oversee grants to eligible entities to meet the needs of the state of Texas for doctors and registered nurses.

§10.171.Authority.

The authority for this subchapter is found in Texas Education Code, chapter 61, subchapter HH, §§61.9801 - 61.9807.

§10.172.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

(2) Commissioner--The Texas Commissioner of Higher Education.

(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.

(4) Emergency and Trauma Care Education Partnership--A partnership that consists of one or more hospitals in this state and one or more graduate professional nursing or graduate medical education programs in this state and serves to increase training opportunities in emergency and trauma care for doctors and registered nurses at participating graduate medical education and graduate professional nursing programs.

(5) Graduate Medical Education (GME) Program--The period of didactic and clinical education in a medical specialty, subspecialty, or sub-subspecialty that follows completion of undergraduate medical education (i.e., medical school) and that prepares physicians for the independent practice of medicine in that specialty, subspecialty, or sub-subspecialty.

(6) Graduate Professional Nursing Program--An educational program of a public or private institution of higher education that prepares students for a master's or doctoral degree, as defined in Texas Education Code, §54.355.

(7) Hospital--A Texas general hospital or special hospital, as defined in Texas Health and Safety Code, §241.003, excluding a facility that is owned, maintained, or operated by the federal government or an agency of the federal government.

(8) Request for Application (RFA)--The official document issued by the Coordinating Board to solicit applicants for an award of available grant funds.

§10.173.Eligibility.

(a) A grant under this subchapter may be spent only on costs related to the operation or to the development and operation of a Texas Emergency and Trauma Care Education Partnership.

(b) The following types of emergency and trauma education partnerships are eligible to receive a grant under this program:

(1) A Graduate Nursing Education Program Partnership that:

(A) Consists of one or more hospitals and one or more graduate nursing programs in this state; and

(B) Prepares students to complete a graduate professional nursing program with a specialty focus or post-master's certificate in emergency and trauma care; or

(2) A Graduate Medical Education Program Partnership that:

(A) Consists of one or more hospitals and one or more graduate medical education programs in this state; and

(B) Prepares the physician to earn a board certification by the American Board of Medical Specialties or the Bureau of Osteopathic Specialties.

(1) Meet the requirement to increase the number of additional students in each program as follows:

(A) Nursing - Certify an increase of a sufficient number of additional graduate nursing students in the participating graduate education programs, and enroll in the education program additional students as determined by the total number of students enrolled through the grant period minus the number of enrolled students at the time of application.

(B) Graduate Medical Education (GME) - Certify an increase of a sufficient number of additional residents/fellows in the participating graduate medical education program, and intend to increase or, at a minimum, maintain previously funded increases.

(2) Use existing facilities and expertise of the hospitals and graduate education programs participating in the partnership.

(3) Meet any other eligibility criteria set forth in the RFA.

§10.174.Application Process.

(a) Unless otherwise specified in the RFA, an eligible entity may submit the following number of applications:

(1) Graduate Nursing Education Program Partnerships may submit a maximum of one application for each eligible nursing program.

(2) Graduate Medical Education Program Partnerships may submit a maximum of one application for each eligible medical fellowship or residency program.

(b) To qualify for funding consideration, an eligible applicant must submit an application to the Coordinating Board during the period specified in the RFA. Each application must:

(1) Be submitted electronically in a format specified in the RFA;

(2) Adhere to the grant program requirements contained in the RFA; and

(3) Be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified in the RFA.

(1) Provide a detailed explanation of the eligible partnership, including a description of the role and commitment of the hospital(s) and graduate nursing program or graduate medical education program;

(2) Document how the partnership will serve to increase training opportunities in emergency and trauma care for registered nurses or physician residents or fellows at participating partnerships;

(3) Identify the program director responsible for centralized decision making related to the partnership;

(4) Include a provision to maintain existing clinical training agreements relating to graduate nursing and graduate medical education programs not participating in the partnership and to provide for a specified number of additional registered nurses and/or physician residents or fellows to participate in clinical training;

(5) Include a provision for tracking employment of partnership participants during and after completion of participation;

(6) Describe availability of funds and/or in-kind contributions made available by the partnership to match a portion of the grant funds;

(7) Describe potential partnership program replication;

(8) Describe sustainability of the partnership beyond the grant period; and

(9) Meet other requirements as specified in the RFA.

§10.175.Evaluation.

The Commissioner shall select applicants for funding based on the following requirements and award priority criteria, as required by Texas Education Code, §61.9804. Priority criteria for applications shall include:

(1) Collaborative educational models between one or more participating hospitals and one or more participating education programs that have signed a memorandum of understanding or other written agreement under which the participants agree to comply with standards established by the Coordinating Board, including any standards the Coordinating Board may establish that:

(A) Provide for program management that offers a centralized decision-making process allowing for inclusion of each entity participating in the partnership;

(B) Provide for access to clinical training positions for students in graduate professional nursing and residents/fellows in graduate medical education programs that are not participating in the partnership; and

(C) Specify the details of any requirement relating to a student or a resident/fellow in a participating education program being employed after graduation in a hospital participating in the partnership, including any details relating to the employment of students who do not complete the program, are not offered a position at the hospital, or choose to pursue other employment;

(2) A demonstrable education model to:

(A) Increase the number of students enrolled in, the number of students graduating from, and the number of faculty employed by each participating education program; and

(B) Improve student or resident retention in each participating education program;

(3) The availability of money to match a portion of the grant money, including matching money or in-kind services approved by the board from a hospital, private or nonprofit entity, or institution of higher education;

(4) Replicability by other emergency and trauma care education partnerships or other graduate professional nursing or graduate medical education programs; and

(5) Plans for sustainability of the partnership.

§10.176.Grant Awards.

(a) The amount of funding available to the program is dependent on the legislative appropriation for the program for each biennial state budget and the availability of other funds. The Coordinating Board will provide award levels and estimated number of awards in the RFA.

(b) Maximum award length.

(1) A graduate Nursing Education Program Partnership is eligible to receive funding for up to three years within a grant period.

(2) A Graduate Medical Education Program Partnership is eligible to receive funding for up to two years within a grant period.

(3) Each program award shall be subject to approval pursuant to §1.16, of this title (relating to Contracts, Including Grants, for Materials and/or Services).

(4) The Commissioner of Higher Education may negotiate or adjust a grantee award to best fulfill the purpose of the RFA.

(5) The Coordinating Board may advance a portion of the grant award to a grantee.

(6) Determination of the allowability of administrative costs will be set forth in the RFA.

§10.177.Reporting.

(a) Each grantee shall file reports with the Coordinating Board as required and include the outcomes of the partnership program(s) according to a schedule and in the format required by the Coordinating Board by the deadlines set forth in the RFA.

(b) Each grantee shall provide the following:

(1) Status of the grant program activities;

(2) Budget expenditures; and

(3) Any other information required by the RFA.

§10.178.Additional Requirements.

(a) Forfeiture and Return of Funds.

(1) Each grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Agreement (NOGA) to the Coordinating Board within ninety (90) calendar days after the end date of the period of performance or an earlier due date if specified by the RFA.

(2) Each grantee shall reimburse the Coordinating Board any award funds expended on items that are not necessary and reasonable or in accordance with the applicable law, rules, or NOGA within the time frame and subject to the requirements set forth in the RFA.

(b) The Commissioner may take the following actions if a grantee fails to comply with requirements set forth in the RFA:

(1) Reduce the grant award;

(2) Require the grantee to return unspent grant funds;

(3) Amend the grant agreement; or

(4) Terminate the grant agreement.

(d) The Commissioner may reallocate returned funds to existing grantees in an equitable manner.

§10.179.Administrative Costs.

A reasonable amount, not to exceed three percent of funds appropriated for purposes of this subchapter, may be used to pay the costs of administering the Texas Emergency and Trauma Care Education Partnership Program.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403586

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 427-6182

SUBCHAPTER J. MINORITY HEALTH RESEARCH AND EDUCATION GRANT PROGRAM.

19 TAC §§10.210 - 10.218

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter J, §§10.210 - 10.218, concerning administration of the Minority Health Research and Education Grant Program. Specifically, the new rules are a revision of existing rules in Chapter 6, Subchapter C, §6.74, which will be repealed in future rulemaking. The new rules include updated sections to ensure consistency with the administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these proposed rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

Rule 10.210, Purpose, establishes the purpose for the subchapter is to administer the Minority Health Research and Education Grant Program.

Rule 10.211, Authority, establishes authority for this subchapter is found in Texas Education Code, §§63.301 - 63.302, which provide the Coordinating Board with authority to adopt rules to administer the grant program.

Rule 10.212, Definitions, defines terms related to administration of the grant program.

Rule 10.213, Eligibility, establishes eligibility criteria to receive grant funding.

Rule 10.214, Application Process, describes main criteria that must be included in the grant application.

Rule 10.215, Evaluation of Applications, establishes selection criteria for awards.

Rule 10.216, Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.

Rule 10.217, Reporting, establishes reporting requirements for grantees.

Rule 10.218, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Elizabeth Mayer, Assistant Commissioner Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the rules is improved organization and consistency for Coordinating Board grant program rules overall, and improved rules for the application, review, and awarding of funds of the Minority Health Research and Education Grant Program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

The new sections are proposed under Texas Education Code, Sections 63.301 - 63.302, which provide the Coordinating Board with the authority to adopt rules to administer the Minority Health Research and Education Grant Program.

The proposed new sections affect Texas Administrative Code, Chapter 10, Subchapter J.

§10.210.Purpose.

The purpose of this subchapter is to administer the Minority Health Research and Education Grant Program to eligible entities to meet the needs of the state of Texas.

§10.211.Authority.

The authority for this subchapter is found in Texas Education Code, §§63.301 - 63.302, which provides the Coordinating Board with the authority to adopt rules to administer the Minority Health Research and Education Grant Program.

§10.212.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

(2) Commissioner--The Texas Commissioner of Higher Education.

(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board including the staff who report to the Commissioner and Board.

(4) Eligible Institution--An institution of higher education as defined in §10.213 of this subchapter (relating to Eligibility).

(5) Minority (as it applies to minority health issues)--A group which may include an economic, geographic, or a racial or ethnic group that is under-represented in one or more areas of health research or health education.

(6) Request for Application (RFA)--The official document issued by the Coordinating Board to solicit applicants for an award of available grant funds.

§10.213.Eligibility.

(a) To be eligible to apply for and receive funding under the program an institution of higher education shall:

(1) Meet the definition of Texas institution of higher education as defined by Texas Education Code, §61.003(8), or be a Center for Teacher Education at Jarvis Christian College, Paul Quinn College, Texas College, Huston Tillotson University, or Wiley College; and

(2) Conduct research or educational programs that address minority health issues; or

(3) Form partnerships with minority organizations, colleges or universities to conduct research and educational programs that address minority health issues.

(b) Each grant recipient shall:

(1) Conduct research and educational initiatives, including those that expand existing research and degree programs, and develop other new or existing activities and projects, which are not funded by state appropriations during the funding period;

(2) Propose programs that do not conflict with current judicial decisions and state interpretation on administering minority programs in higher education; and

(3) Meet any other eligibility criteria set forth in the RFA.

§10.214.Application Process.

(a) Unless otherwise specified in the RFA, an eligible institution may submit only one application for the Minority Health Research and Education Grant Program per grant cycle.

(b) An institution shall not submit the same application to the Nursing, Allied Health and Other Health-related Education Grant Program.

(c) To qualify for funding consideration, an eligible applicant must submit an application during the period specified in the RFA to the Coordinating Board. Each application must:

(1) Be submitted electronically in a format specified in the RFA;

(2) Adhere to the grant program requirements contained in the RFA; and

(3) Be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified in the RFA.

(d) Applications shall at a minimum:

(1) Describe the significance and potential impact of research or educational program for minority health issues;

(2) List a goal and at least three benchmark targets/objectives and estimated dates to monitor adequate progress toward reaching the goal;

(3) Provide a proposed plan for the use of the grant funds reasonable and necessary to meet the program goal and objective; and

(e) Meet any other requirement as specified in the RFA.

§10.215.Evaluation.

The Commissioner shall select applicants for funding based on requirements and award criteria provided in the RFA, including:

(1) Significance and impact of research or educational program for minority health issues;

(2) Program design;

(3) Resources to perform the program;

(4) Cost effectiveness; and

(5) Evaluation and expected outcomes.

§10.216.Grant Awards.

(b) Maximum award length: An eligible institution may receive funding for up to three years within a grant period.

(c) Program awards shall be subject to Coordinating Board approval pursuant to §1.16 of this title (relating to Contracts, Including Grants for Materials and/or Services).

(d) The Commissioner may negotiate or adjust a grantee award to best fulfill the purpose of the RFA.

(e) The Coordinating Board may advance a portion of the grant award to a grantee with the remainder of the award distributed on a cost reimbursement basis.

(f) Determination of the allowability of administrative costs will be set forth in the RFA.

(g) Grant awards may only be used on necessary and reasonable costs as described in the RFA.

§10.217.Reporting.

(a) A grantee shall submit performance and financial reports in the format required by the Coordinating Board by the deadlines set forth in the RFA.

(b) Each grantee shall provide information that includes the following:

(1) Status of the grant project activities;

(2) Budget expenditures; and

(3) Any other information required by the RFA.

§10.218.Additional Requirements.

(a) Forfeiture and Return of Funds.

(1) Each grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Agreement (NOGA) to the Coordinating Board within ninety (90) calendar days after written request or an earlier due date if specified by the RFA.

(2) Each grantee shall return or repay to the Coordinating Board any award funds that the State determines an eligible institution improperly expended on items not listed in the RFA or otherwise prohibited by law within the time frame and subject to the requirements set forth in the RFA.

(b) The Commissioner may take the following actions if a grantee fails to comply with requirements set forth in the RFA:

(1) Reduce the grant award;

(2) Require the grantee to return unspent grant funds;

(3) Amend the grant agreement; or

(3) Terminate the grant agreement.

(d) The Coordinating Board may retain returned and reimbursed funds for award in a future year as authorized by the General Appropriations Act.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403587

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 427-6182

SUBCHAPTER K. NURSING, ALLIED HEALTH AND OTHER HEALTH-RELATED EDUCATION GRANT PROGRAM

19 TAC §§10.230 - 10.238

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter K, §§10.230 - 10.238, concerning administration of the Nursing, Allied Health and Other Health-Related Education Grant Program. Specifically, the new rules are a revision of existing rules in Chapter 6, Subchapter C, §6.73, which will be repealed in future rulemaking. The new rules include updated sections to ensure consistency with the administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these proposed rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

Rule 10.230, Purpose, establishes the purpose for the subchapter is to administer the Nursing, Allied Health and Other Health-Related Education Grant Program.

Rule 10.231, Authority, establishes authority for this subchapter is found in Texas Education Code, §§63.201 - 63.203, which grant the Coordinating Board with authority to adopt rules to administer the grant program.

Rule 10.232, Definitions, defines terms related to administration of the grant program.

Rule 10.233, Eligibility, establishes eligibility criteria to receive grant funding.

Rule 10.234, Application Process, describes main criteria that must be included in the grant application.

Rule 10.235, Evaluation of Applications, establishes selection criteria for awards.

Rule 10.236 Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.

Rule 10.237, Reporting, establishes reporting requirements for grantees.

Rule 10.238, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Elizabeth Mayer, Assistant Commissioner Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section is improved organization and consistency for Coordinating Board grant program rules overall, and improved rules for the application, review, and awarding of funds of the Nursing, Allied Health and Other Health-Related Education Grant Program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

The new sections are proposed under Texas Education Code, Sections 63.201 - 63.203, which grant the Coordinating Board with authority to adopt rules to administer the grant program.

The proposed new sections affect Texas Administrative Code, Chapter 10, Subchapter J.

§10.230.Purpose.

The purpose of this subchapter is to administer the Nursing, Allied Health and Other Health-Related Education Grant Program to provide and oversee grants to eligible entities to meet the needs of the state of Texas.

§10.231.Authority.

The authority for this subchapter is Texas Education Code, §§63.201 - 63.203, which provides the Coordinating Board with the authority to adopt rules to administer the Nursing, Allied Health and Other Health-Related Education Grant Program.

§10.232.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

(2) Commissioner--The Texas Commissioner of Higher Education.

(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.

(4) Request for Application (RFA)--The official document issued by the Coordinating Board to solicit applicants for an award of available grant funds.

(5) Upper-Level Academic Instruction and Training--A course beyond the core in the fields of nursing, allied health or other health-related education at an institution of higher education.

§10.233.Eligibility.

(a) General Eligibility.

(1) Eligible institutions include public institutions of higher education that offer upper-level academic instruction and training in the fields of nursing, allied health, or other health-related education.

(2) Institutions or components identified under Texas Education Code, §§63.002(c) and 63.101, are not eligible to receive funding through the grant program.

(3) Eligible programs include nursing, allied health or other health-related initiatives, including those that expand existing academic programs, develop new or existing activities and projects, and are not funded by state appropriation during the funding period.

(b) Additional eligibility criteria through September 1, 2027. Notwithstanding the limitations in subsection (a) of this section, for the fiscal biennium ending on August 31, 2025, and the fiscal biennium ending on August 31, 2027, the Coordinating Board shall prioritize institutions proposing to address the shortage of registered nurses by:

(1) Preparing students for initial licensure as registered nurses; or

(2) Preparing qualified faculty members with a master's or doctoral degree.

§10.234.Application Process.

(a) Unless otherwise specified in the RFA, an eligible entity may submit a maximum of one application for the Nursing, Allied Health and Other Health-Related Education Grant Program.

(b) To qualify for funding consideration, an eligible applicant must submit an application to the Coordinating Board during the period specified in the RFA. Each application must:

(1) Be submitted electronically in a format specified in the RFA;

(2) Adhere to the grant program requirements contained in the RFA; and

(3) Be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified in the RFA.

(1) Describe the significance and impact the grant award shall have on academic instruction and training in health-related education in the state as described in the RFA;

(2) List a goal and at least three benchmark targets/objectives and estimated dates to monitor adequate progress toward reaching the goal;

(3) Provide a budget that is reasonable and necessary that aligns with the goal and objectives; and

(4) Meet other requirements as specified in the RFA.

§10.235.Evaluation.

The Commissioner shall select applicants for funding on a competitive basis to provide the best overall value to the state. Selection criteria shall be based on:

(1) Program quality as determined by peer or staff reviewers;

(2) Impact the grant award shall have on academic instruction and training in public health-related education in the state;

(3) Cost of the proposed program;

(4) Other factors to be considered by the Coordinating Board, including financial ability to perform program, state and regional needs and priorities, ability to continue program after grant period, and past performance; and

(5) Other requirements and award criteria provided in the RFA.

§10.236.Grant Awards.

(b) Maximum award length: A program is eligible to receive funding for up to three years within a grant period.

(c) Each program award shall be subject to approval pursuant to §1.16 of this title (relating to Contracts, Including Grants for Materials and/or Services).

(d) The Coordinating Board may negotiate or adjust a grantee award to best fulfill the purpose of the RFA.

(e) The Coordinating Board may advance a portion of the grant award to a grantee if necessary for grantee to carry out the grant program with the remainder of the award distributed on a cost reimbursement basis.

(f) Determination of the allowability of administrative costs will be set forth in the RFA.

(g) Grant awards may only be used on necessary and reasonable costs as described in the RFA.

§10.237.Reporting.

Each grantee shall submit performance and financial reports in the format required by the Coordinating Board by the deadlines set forth in the RFA. A grantee shall provide the following:

(1) Status of the grant project activities;

(2) Budget expenditures; and

(3) Any other information required by the RFA.

§10.238.Additional Requirements.

(a) A grant award is automatically terminated if the grantee is placed on probation by the Texas Board of Nursing or loses its status as an approved professional nursing program. The grantee shall immediately return all unexpended grant funds.

(b) Each grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Agreement (NOGA) to the Coordinating Board within ninety (90) calendar days after written demand or an earlier due date if specified by the RFA.

(c) Each grantee shall reimburse any award funds that are expended on items not consistent with §10.236(g) of this subchapter (relating to Grant Awards) to the Coordinating Board within the time frame and subject to the requirements set forth in the RFA.

(d) The Commissioner may take the following actions if a grantee fails to comply with requirements set forth in the RFA:

(1) Reduce the grant award;

(2) Require the grantee to return unspent grant funds;

(3) Amend the grant agreement; or

(4) Terminate the grant agreement.

(e) The RFA may set forth additional return or reimbursement of fund requirements and termination provisions.

(f) The Coordinating Board may retain returned and reimbursed funds for the next RFA.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403588

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 427-6182

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER EE. COMMISSIONER'S RULES ON PREVENTION, AWARENESS, AND REPORTING OF CHILD ABUSE OR NEGLECT, INCLUDING TRAFFICKING OF A CHILD

19 TAC §61.1051, §61.1053

The Texas Education Agency (TEA) proposes the repeal of §61.1051 and §61.1053, concerning prevention, awareness, and reporting of child abuse or neglect, including trafficking of a child. The proposed repeal would relocate the existing requirements relating to school district policies on reporting child abuse and neglect and required signage pertaining to criminal offenses of human trafficking to proposed new 19 TAC Chapter 103, Subchapter EE. The proposed new rules would include updates to align with legislation from the 88th Texas Legislature, Regular Session, 2023.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 61.1051 relates to the reporting of child abuse and neglect and related training requirements for school districts and open-enrollment charter schools.

Section 61.1053 relates signage requirements for posting the offenses of human trafficking on public school premises.

In order to align the rules with other provisions on health and safety, the proposed repeal would relocate the requirements from §61.1051 and §61.1053 to proposed new 19 TAC Chapter 103, Health and Safety, Subchapter EE, Commissioner's Rules on Prevention, Awareness, and Reporting of Child Abuse or Neglect, Including Trafficking of a Child. The proposed new sections would incorporate legislative updates from the 88th Texas Legislature, Regular Session, 2023. A separate rule action for proposed new 19 TAC Chapter 103, Subchapter EE, provides a detailed description of the proposed changes from the existing rules.

FISCAL IMPACT: Steve Lecholop, deputy commissioner for governance, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand or limit an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Lecholop has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be relocating the rules to align them with other requirements for health and safety. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 16, 2024, and ends September 16, 2024. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on August 16, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The repeal is proposed under Texas Education Code (TEC), §37.086, as amended by Senate Bill 2069, 88th Texas Legislature, Regular Session, 2023, which requires each public school to post warning signs describing the increased penalties for trafficking of persons under Texas Penal Code, §20A.02(b-1); TEC, §38.004, which requires the agency to develop a policy governing the reports of child abuse or neglect; TEC, §38.0041, which requires school districts and open-enrollment charter schools to adopt and implement policies addressing sexual abuse, sex trafficking, and other maltreatment of children; TEC, §38.0042, which authorizes the commissioner to adopt rules relating to the size and location of the required posting of the child abuse hotline telephone number; Texas Family Code, §261.001, which defines child abuse and neglect, which includes knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Texas Penal Code, §20A.02(a)(5)-(8); and Texas Penal Code, §20A.02(a)(5)-(8), which provides a person commits an offense if the person knowingly: traffics a child with the intent that the trafficked child engage in forced labor or services; receives a benefit from participating in such a venture; traffics a child and by any means causes the trafficked child to engage in, or become a victim of, conduct prohibited by §20A.02(a)(7)(A)-(K); or receives a benefit from participating in such a venture or engages in sexual conduct with a child trafficked in this manner.

CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §§37.086, as amended by Senate Bill 2069, 88th Texas Legislature, Regular Session, 2023; 38.004; 38.0041; and 38.0042; Texas Family Code, §261.001; and Texas Penal Code, §20A.02(a)(5)-(8).

§61.1051.Reporting Child Abuse or Neglect, Including Trafficking of a Child.

§61.1053.Required Signage Pertaining to Criminal Offenses of Human Trafficking.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403574

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 475-1497

CHAPTER 70. TECHNOLOGY-BASED INSTRUCTION

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING THE TEXAS VIRTUAL SCHOOL NETWORK (TxVSN)

19 TAC §§70.1001, 70.1005, 70.1008, 70.1009, 70.1013, 70.1015, 70.1017, 70.1027, 70.1028

The Texas Education Agency (TEA) proposes amendments to §§70.1001, 70.1005, 70.1008, 70.1009, 70.1013, 70.1015, 70.1017, 70.1027, and 70.1028, concerning the Texas Virtual School Network (TxVSN). The proposed amendments would permit courses lower than Grade 9 to be offered to Texas public schools through the statewide course catalog, update the definition of central operations and student eligibility for full-time enrollment in the TxVSN, eliminate references to the International Association for K-12 Online Learning, and update references to statute and other administrative rule.

BACKGROUND INFORMATION AND JUSTIFICATION: In 2003, the 78th Texas Legislature, Regular Session, established the electronic course program, allowing school districts to offer electronic courses through a full-time online program. TEC, Chapter 30A, State Virtual School Network, added by the 80th Texas Legislature, 2007, provided for the establishment of a state virtual school network to provide supplemental online courses. In 2009, House Bill (HB) 3646, 81st Texas Legislature, Regular Session, incorporated the electronic course program under the state virtual school network. Additional amendments to TEC, Chapter 30A, were adopted in 2011 and 2015. In 2017, Senate Bill (SB) 587, 85th Texas Legislature, Regular Session, amended eligibility requirements for students to enroll full time in the TxVSN. In 2019, HB 3, 86th Texas Legislature, updated references to statute.

The commissioner adopted 19 TAC Chapter 70 effective February 27, 2013. Additional revisions were adopted effective April 7, 2015. The proposed amendments would update portions of the rules to align with changes made to statute in 2017 and 2019. Additionally, the proposed amendments would permit courses lower than Grade 9 to be offered to Texas public schools through the statewide course catalog, update the definition of central operations, and eliminate references to the International Association for K-12 Online Learning.

The proposed amendment to §70.1001, Definitions, would revise the successful course completion definition, allowing for the expansion of courses to be offered in the statewide course catalog by removing high school-specific references. The proposed amendment would clarify the successful program completion definition and update who carries out the day-to-day operations of the TxVSN because TxVSN central operations was statutorily transitioned to TEA.

The proposed amendments to §70.1005, Texas Virtual School Network Course Requirements; §70.1027, Requirements for Educators of Electronic Courses; and §70.1028, Requirements for Texas Virtual School Network Educator Professional Development, would revise the name of the national standards that are used to establish quality online courses.

The proposed amendment to §70.1009, Texas Virtual School Network Online School Eligibility, would update a cross reference to the rule on financial accountability ratings.

The proposed amendment to §70.1013, Texas Virtual School Network Student Eligibility, would update a cross reference to reflect the renumbering of statute.

The proposed amendment to §70.1015, Texas Virtual School Network Enrollment, Advancement, and Withdrawal, would revise the requirements for a student's home district to include earned grades in the student's academic record and would clarify that a student enrolled full time in an online school program in Grades 3-8 must demonstrate academic proficiency sufficient to earn promotion to the next grade level.

The proposed amendment to §70.1017, Texas Virtual School Network Compulsory Attendance, would revise successful completion attendance requirements by removing grade level references to courses and programs.

FISCAL IMPACT: Monica Martinez, associate commissioner for standards and programs, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand existing regulations by allowing for online middle school courses to be offered to Texas public schools through the statewide course catalog and by providing conforming changes to current standards and statutes.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Martinez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be providing local education agencies and students with additional course options and flexibility in offering and completing course requirements. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 16, 2024, and ends September 16. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on August 16, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §30A.051(b), which authorizes the commissioner of education to adopt rules necessary to implement the state virtual school network.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §30A.051(b).

§70.1001.Definitions.

The following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) (No change.)

(2) Successful course completion--The term that applies when a student [~~taking a high school course~~] has demonstrated academic proficiency of course [~~the~~] content by earning [~~for a high school course and has earned~~] a minimum passing grade of 70% or above on a 100-point scale, as assigned by the properly credentialed online teacher(s), sufficient to earn credit for a high school [~~the~~] course.

(3) Successful program completion--The term that applies when a student enrolled in a Texas Virtual School Network Online School program in Grades 3-8 has demonstrated academic proficiency and has earned a minimum passing grade of 70% or above on a 100-point scale, as assigned by the properly credentialed online teacher(s) for the educational program, sufficient for promotion to the next grade level.

(4) (No change.)

(5) TxVSN central operations--The TEA staff [~~regional education service center~~] that carries out the day-to-day operations of the TxVSN, including the centralized student registration system, statewide course catalog listings, and other administrative and reporting functions.

(6) - (9) (No change.)

(10) TxVSN statewide course catalog--A supplemental online [~~high school~~] instructional program available through approved course providers.

§70.1005.Texas Virtual School Network Course Requirements.

(a) All electronic courses to be made available through the Texas Virtual School Network (TxVSN) shall be reviewed and approved prior to being offered.

(1) Each electronic course approved for inclusion in the TxVSN shall:

(A) - (E) (No change.)

(F) be aligned with the current [~~International Association for K-12 Learning (iNACOL)~~] National Standards for Quality Online Courses;

(G) - (H) (No change.)

(2) - (6) (No change.)

(b) - (c) (No change.)

§70.1008.Texas Virtual School Network Statewide Course Catalog Receiver District Requirements.

(a) - (b) (No change.)

(1) - (3) (No change.)

(4) in accordance with §74.26 of this title (relating to Award of Credit), award credit to a student enrolled in the district who has successfully completed all state and local requirements and received a grade that is the equivalent of 70 on a scale of 100, based upon the essential knowledge and skills for a high school course offered through the TxVSN statewide course catalog.

(d) - (e) (No change.)

§70.1009.Texas Virtual School Network Online School Eligibility.

(a) To be eligible to serve as a Texas Virtual School Network (TxVSN) online school, a school district or charter school shall:

(1) - (2) (No change.)

(3) be rated at the Standard Achievement level or higher under the state financial accountability rating system as specified in §109.1001 [~~§109.1003~~] of this title (relating to [~~Types of~~] Financial Accountability Ratings);

(4) - (6) (No change.)

(b) (No change.)

§70.1013.Texas Virtual School Network Student Eligibility.

(a) A student is eligible to enroll in a course provided by the Texas Virtual School Network (TxVSN) only if:

(1) the student on September 1 of the school year:

(A) (No change.)

(B) is younger than 26 years of age and entitled to the benefits of the Foundation School Program under the Texas Education Code, §48.003 [~~§42.003~~];

(2) (No change.)

(3) the student:

(A) (No change.)

(B) [~~the student~~] is a dependent of a member of the United States military, was previously enrolled in high school in this state, and no longer resides in this state as a result of a military deployment or transfer.

(b) A student is eligible to enroll full time in courses provided through the TxVSN only if the student:

(1) [~~the student~~] was enrolled in a public school in this state in the preceding school year;

(2) is a dependent of a member of the United States military who has been deployed or transferred to this state and was enrolled in a publicly funded school outside of this state in the preceding school year; or

(3) [~~(2)~~] [~~the student~~] has been placed in substitute care in this state, regardless of whether the student was enrolled in a public school in this state in the preceding school year . [~~; or~~]

~~[(3) the student:]~~

~~[(A) is a dependent of a member of the United States military;]~~

~~[(B) was previously enrolled in high school in this state; and]~~

~~[(C) no longer resides in this state as a result of a military deployment or transfer.]~~

§70.1015.Texas Virtual School Network Enrollment, Advancement, and Withdrawal.

(a) A student taking a course through the Texas Virtual School Network (TxVSN) statewide course catalog or a TxVSN Online School (OLS) program is considered to:

(1) (No change.)

(2) have successfully completed a course if the student demonstrates academic proficiency and, for a high school course, earns credit for the course, as determined by the TxVSN teacher; and

(3) (No change.)

(b) A student taking a course through the TxVSN statewide course catalog:

(1) - (3) (No change.)

(4) shall have the grade assigned by the TxVSN teacher added to the student's record [~~transcript~~] by the student's home district and, for a high school course, added to the student's transcript.

(c) A student enrolled full time in a TxVSN Online School program in Grades 3-8 must demonstrate academic proficiency sufficient to earn promotion to the next grade, as determined by the TxVSN teacher for the educational program.

(d) (No change.)

§70.1017.Texas Virtual School Network Compulsory Attendance.

(a) (No change.)

(b) Based upon successful completion of a TxVSN course [~~for students in Grades 9-12~~] or a TxVSN Online School (OLS) instructional program [~~for students in Grades 3-8~~], students are considered to have met attendance requirements for that course or program. A student who has successfully completed the grade level or course is eligible to receive any weighted funding for which the student is eligible.

§70.1027.Requirements for Educators of Electronic Courses.

(a) Each instructor of an electronic course, including a dual credit course, offered through the Texas Virtual School Network (TxVSN) by a course provider must be certified under the Texas Education Code (TEC), Chapter 21, Subchapter B, to teach that course and grade level or meet the credentialing requirements of the institution of higher education with which they are affiliated and that is serving as a course provider. In addition, each instructor:

(1) must:

(A) (No change.)

(B) have a graduate degree in online or distance learning and have demonstrated mastery of the [~~International Association for K-12 Learning (iNACOL)~~] National Standards for Quality Online Teaching; or

(C) have two or more years of documented experience teaching online courses for students in Grades 3-12 and have demonstrated mastery of the [~~iNACOL~~] National Standards for Quality Online Teaching; and

(2) (No change.)

(b) (No change.)

(c) TxVSN course providers shall affirm the preparedness of instructors of TxVSN electronic courses to teach public school-age students in a highly interactive online classroom and shall:

(1) maintain records documenting:

(A) - (B) (No change.)

(C) instructor's demonstrated mastery of the [~~iNACOL~~] National Standards for Quality Online Teaching prior to teaching through the TxVSN;

(2) - (5) (No change.)

§70.1028.Requirements for Texas Virtual School Network Educator Professional Development.

(a) - (b) (No change.)

(c) The Texas Education Agency shall use the most recent [~~International Association for K-12 Learning (iNACOL)~~] National Standards for Quality Online Teaching to evaluate professional development courses submitted by a TxVSN course provider for approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403576

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 475-1497

CHAPTER 103. HEALTH AND SAFETY

SUBCHAPTER EE. COMMISSIONER'S RULES ON PREVENTION, AWARENESS, AND REPORTING OF CHILD ABUSE OR NEGLECT, INCLUDING TRAFFICKING OF A CHILD

19 TAC §103.1401, §103.1403

The Texas Education Agency (TEA) proposes new §103.1401 and §103.1403, concerning prevention, awareness, and reporting of child abuse or neglect, including trafficking of a child. The proposed new sections would relocate existing requirements from 19 TAC Chapter 61, Subchapter EE, relating to school district policies on reporting child abuse and neglect and required signage pertaining to criminal offenses of human trafficking. Proposed new §103.1401 would include updates to school district policy requirements to align with Texas Family Code, §261.104, as amended by House Bill (HB) 63, 88th Texas Legislature, Regular Session, 2023. Proposed new §103.1403 would include updates to signage requirements to align with Senate Bill (SB) 2069, HB 3553, and HB 3554, 88th Texas Legislature, Regular Session, 2023.

BACKGROUND INFORMATION AND JUSTIFICATION: Proposed new §103.1401 would include existing requirements from 19 TAC §61.1051, which relates to the reporting of child abuse and neglect and related training requirements for school districts and open-enrollment charter schools. The following updates would align the new section with HB 63, 88th Texas Legislature, Regular Session, 2023. Proposed new §103.1401(b)(2)(D) would require local policies for reporting to include notice that oral reports made to the Texas Department of Family and Protective Services are recorded. Proposed new §103.1401(b)(2)(E) would require local policies to include notice that an individual making a report must provide his or her name, telephone number, and address and include an explanation of the limited circumstances under which the identity of an individual making a report may be disclosed.

Proposed new §103.1403 would include existing requirements from 19 TAC §61.1053, which relates to signage requirements for posting the offenses of human trafficking on public school premises. To align with SB 2069, 88th Texas Legislature, Regular Session, 2023, proposed new §103.1403(a) would be updated to remove the definition of "premises" and modify the definition of "school." Proposed new §103.1403(b) would also align with SB 2069 by updating the required location of signage. Proposed new §103.1403(c)(1)(A) would update the information related to penalties for trafficking of persons to align with changes to Texas Penal Code, §20A.02, made by HB 3553 and HB 3554, 88th Texas Legislature, Regular Session, 2023.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create new regulations to update the requirements for school district policies related to reporting child abuse and neglect to align with statute and update the requirements related to signage pertaining to criminal offenses of human trafficking to align with statute.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Lecholop has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be ensuring that rule language is based on current law. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 16, 2024, and ends September 16, 2024. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on August 16, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The new sections are proposed under Texas Education Code (TEC), §37.086, as amended by Senate Bill 2069, 88th Texas Legislature, Regular Session, 2023, which requires each public school to post warning signs describing the increased penalties for trafficking of persons under Texas Penal Code, §20A.02(b-1); TEC, §38.004, which requires the agency to develop a policy governing the reports of child abuse or neglect; TEC, §38.0041, which requires school districts and open-enrollment charter schools to adopt and implement policies addressing sexual abuse, sex trafficking, and other maltreatment of children; TEC, §38.0042, which authorizes the commissioner to adopt rules relating to the size and location of the required posting of the child abuse hotline telephone number; Texas Family Code, §261.001, which defines child abuse and neglect, which includes knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Texas Penal Code, §20A.02(a)(5)-(8); and Texas Penal Code, §20A.02(a)(5)-(8), which provides a person commits an offense if the person knowingly: traffics a child with the intent that the trafficked child engage in forced labor or services; receives a benefit from participating in such a venture; traffics a child and by any means causes the trafficked child to engage in, or become a victim of, conduct prohibited by §20A.02(a)(7)(A)-(K); or receives a benefit from participating in such a venture or engages in sexual conduct with a child trafficked in this manner.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code, §§37.086, as amended by Senate Bill 2069, 88th Texas Legislature, Regular Session, 2023; 38.004; 38.0041; and 38.0042; Texas Family Code, §261.001; and Texas Penal Code, §20A.02(a)(5)-(8).

§103.1401.Reporting Child Abuse or Neglect, Including Trafficking of a Child.

(a) The following words and terms, when used in this subchapter, have the following meanings.

(1) Child abuse or neglect--The definition of child abuse or neglect includes the trafficking of a child in accordance with Texas Education Code (TEC), §38.004.

(2) Other maltreatment--This term has the meaning assigned by Human Resources Code, §42.002.

(3) Trafficking of a child--This term has the meaning assigned by Texas Penal Code, §20A.02(a)(5), (6), (7), or (8).

(b) The board of trustees of a school district or governing body of an open-enrollment charter school shall adopt and annually review policies for reporting child abuse and neglect. The policies shall follow the requirements outlined in Texas Family Code, Chapter 261.

(1) The policies must require that every school employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglect submit a written or oral report to at least one of the following authorities within 48 hours or less, as determined by the board of trustees, after learning of facts giving rise to the suspicion:

(A) a local or state law enforcement agency;

(B) the Texas Department of Family and Protective Services, Child Protective Services Division;

(D) the state agency that operates, licenses, certifies, or registers the facility in which the alleged child abuse or neglect occurred.

(2) The policies must require a report to the Texas Department of Family and Protective Services if the alleged abuse or neglect involves a person responsible for the care, custody, or welfare of the child and must notify school personnel of the following:

(A) penalties under Texas Penal Code, §39.06; Texas Family Code, §261.109; and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) for failure to submit a required report of child abuse or neglect;

(B) applicable prohibitions against interference with an investigation of a report of child abuse or neglect, including the following:

(i) Texas Family Code, §261.302 and §261.303, prohibiting school officials from denying an investigator's request to interview a student at school; and

(ii) Texas Family Code, §261.302, prohibiting school officials from requiring the presence of a parent or school administrator during an interview by an investigator;

(C) immunity provisions applicable to a person who reports child abuse or neglect or otherwise assists an investigation in good faith;

(D) oral reports made to the Texas Department of Family and Protective Services are recorded;

(E) confidentiality provisions relating to reports of suspected child abuse or neglect, including the following:

(i) the requirement for the individual making the report to provide his or her name and telephone number;

(ii) the requirement for the individual making the report to provide his or her home address or, if the individual making the report is a school employee, agent, or contractor, provide his or her business address and profession; and

(iii) the limited circumstances under which the identity of the individual making a report may be disclosed;

(F) any disciplinary action that may result from noncompliance with the district's reporting policy; and

(G) the prohibition under TEC, §26.0091, against using or threatening to use the refusal to consent to administration of a psychotropic drug to a child or to any other psychiatric or psychological testing or treatment of a child as the sole basis for making a report of neglect, except as authorized by TEC, §26.0091.

(3) Each school district and open-enrollment charter school shall adopt and implement a policy addressing sexual abuse, trafficking, and other maltreatment of children. The policy must be included in any informational handbook provided to students and parents and must address the following:

(A) methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, trafficking, and other forms of maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim;

(B) actions a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance and intervention; and

(4) The policies must be consistent with Texas Family Code, Chapter 261, and 40 TAC Chapter 700 (relating to Child Protective Services) regarding investigations by the Texas Department of Family and Protective Services, including regulations governing investigation of abuse by school personnel and volunteers.

(5) The policies may not require that school personnel report suspicions of child abuse or neglect to a school administrator prior to making a report to one of the agencies identified in paragraph (1) of this subsection.

(6) The policies must include the current toll-free telephone number of the Texas Department of Family and Protective Services.

(7) The policies must provide for cooperation with law enforcement child abuse investigations without the consent of the child's parent, if necessary, including investigations by the Texas Department of Family and Protective Services.

(8) The policies must include child abuse anti-victimization programs in elementary and secondary schools consisting of age-appropriate, research-based prevention designed to promote self-protection and prevent sexual abuse and trafficking.

(c) The policies required by this section and adopted by the board of trustees shall be distributed to all school personnel at the beginning of each school year. The policies shall be addressed in staff development programs at regular intervals determined by the board of trustees.

(d) Training concerning prevention techniques for, and recognition of, sexual abuse, trafficking, and all other maltreatment of children, including the sexual abuse, trafficking, and other maltreatment of children with significant cognitive disabilities, must be provided as a part of new employee orientation to all new school district and open-enrollment charter school employees and to existing school district and open-enrollment charter school employees not previously trained as required by TEC, §38.0041.

(1) The training must include:

(A) factors indicating a child is at risk for sexual abuse, trafficking, or other maltreatment;

(B) warning signs indicating a child may be a victim of sexual abuse, trafficking, or other maltreatment;

(C) internal procedures for seeking assistance for a child who is at risk for sexual abuse, trafficking, or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional;

(D) techniques for reducing a child's risk for sexual abuse, trafficking, or other maltreatment; and

(E) information on community organizations that have relevant research-based programs that are able to provide training or other education for school district or open-enrollment charter school staff, students, and parents.

(2) Each school district and open-enrollment charter school must maintain records that include the name of each staff member who participated in training.

(3) To the extent that resources are not yet available from the Texas Education Agency or commissioner of education, school district and open-enrollment charter schools shall implement the policies and trainings with existing or publicly available resources. The school district or open-enrollment charter school may also work in conjunction with a community organization to provide the training at no cost to the district or charter school.

(e) Using a format and language that is clear, simple, and understandable to students, each public school and open-enrollment charter school shall post, in English and in Spanish:

(1) the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number;

(2) instructions to call 911 for emergencies; and

(3) directions for accessing the Texas Department of Family and Protective Services website (www.txabusehotline.org) for more information on reporting abuse, neglect, and exploitation.

(f) School districts and open-enrollment charter schools shall post the information specified in subsection (e) of this section at each school campus in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students. The information must be on a poster (11x17 inches or larger) in large print and placed at eye-level to the student for easy viewing. Additionally, the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number should be in bold print.

§103.1403.Required Signage Pertaining to Criminal Offenses of Human Trafficking.

(a) When used in this section, the term "school" means a public primary or secondary school.

(b) Each public school shall post warning signs in a conspicuous place reasonably likely to be viewed by all school employees and visitors.

(1) describe the offense of trafficking in persons as provided under Texas Penal Code, §20A.02(a). The sign must emphasize that an offense under Texas Penal Code, §20A.02, is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 25 years if it is shown on the trial of the offense that the actor committed the offense in a location that was:

(A) on the premises of or within 1,000 feet of the premises of:

(i) a school;

(ii) a juvenile detention facility;

(iii) a post-adjudication secure correctional facility;

(iv) a shelter or facility operating as a residential treatment center that serves runaway youth, foster children, people who are homeless, or persons subjected to human trafficking, domestic violence, or sexual assault;

(v) a community center offering youth services and programs;

(vi) a child-care facility, as defined by Human Resources Code, §42.002; or

(vii) an institution of higher education or private or independent institution of higher education, as defined by Texas Education Code, §61.003; or

(B) on premises or within 1,000 feet of premises where:

(i) an official school function was taking place; or

(ii) an event sponsored or sanctioned by the University Interscholastic League was taking place;

(2) be written in English and Spanish;

(3) be at least 8.5 by 11 inches in size; and

(4) be properly maintained to ensure readability and protection from the elements for outdoor signs.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403577

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 475-1497