TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER F. ADVISORY COMMITTEE ON RESEARCH PROGRAMS

19 TAC §§1.121 - 1.127

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter F, §§1.121 - 1.127, Advisory Committee on Research Programs, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8275). The rules will not be republished.

The repeal eliminates the subchapter and the committee itself, which is no longer necessary because the research funding programs have not been funded by the Legislature in several biennia, making the advisory committee unnecessary.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500254

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER N. GRADUATE EDUCATION ADVISORY COMMITTEE

19 TAC §§1.178 - 1.184

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter N, §§1.178 - 1.184, Graduate Education Advisory Committee, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8276). The rule will not be republished.

The repeal eliminates the subchapter and the committee itself, which was set to be abolished no later than October 31, 2021, and which no longer meets.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter N.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500255

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER Q. COMMUNITY AND TECHNICAL COLLEGE LEADERSHIP COUNCIL

19 TAC §§1.199 - 1.205

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter Q, §§1.199 - 1.205, Community and Technical College Leadership Council, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8277). The rules will not be republished.

The repeal eliminates the subchapter and the committee itself, that was set to be abolished no later than October 31, 2021, and which no longer meets.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter Q.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500256

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

For further information, please call: (512) 427-6344


SUBCHAPTER R. UNDERGRADUATE EDUCATION ADVISORY COMMITTEE

19 TAC §§1.206 - 1.212

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter R, §§1.206 - 1.212, Undergraduate Education Advisory Committee, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8277). The rules will not be republished.

The repeal will eliminate the subchapter and the committee itself, which was set to be abolished no later than October 31, 2021, and which no longer meets.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter R.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500257

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER BB. TEXAS APPLICATION FOR STATE FINANCIAL AID ADVISORY COMMITTEE

19 TAC §§1.9100 - 1.9106

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter BB, §§1.9100 - 1.9106, Texas Application for State Financial Aid Advisory Committee, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8278). The rules will not be republished.

The repeal eliminates the subchapter and the committee itself, which was set to be abolished no later than January 1, 2023, and which has already fulfilled its stated mission of providing a report to the Board.

No comments were received regarding the adoption of the repeal.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter BB.

The repeal is adopted under Texas Education Code, Section 61.07762, which provides the Coordinating Board with the authority to adopt and publish rules related to the Texas Application for State Financial Aid in accordance with Texas Government Code, Chapter 2001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500251

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

For further information, please call: (512) 427-6365


SUBCHAPTER DD. TITLE IX TRAINING ADVISORY COMMITTEE

19 TAC §§1.9531 - 1.9536

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter DD, §§1.9531 - 1.9536, Title IX Training Advisory Committee, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8279). The rules will not be republished.

The repeal eliminates the subchapter and the committee itself, which was set to be abolished no later than November 1, 2023, and which has fulfilled its stated mission of creating Title IX training slides.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter DD.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500252

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER EE. STUDY AND REPORT ON CORE CURRICULUM ADVISORY COMMITTEE

19 TAC §§1.9541 - 1.9546

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter EE, §§1.9541 - 1.9546, Study and Report on Core Curriculum Advisory Committee, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8279). The rules will not be republished.

The repeal eliminates the subchapter and the committee itself, which was set to be abolished no later than September 1, 2021, and which has fulfilled its stated mission of providing a report on the transfer of core curriculum course credits.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter EE.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500253

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §4.5

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 4, Subchapter A, §4.5. Common Calendar, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8280). The rule will not be republished.

The Coordinating Board does not have statutory authority to require an institution to seek approval by the agency if its academic calendar begins or ends outside of a given date range. The Coordinating Board has also not been able to identify any reporting or data that would be impacted by the repeal since the student census date is set by statute and other reporting deadlines are outlined in alternate requirements.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.051, which provides the Coordinating Board with authority to coordinate institutions of higher education in Texas.

The adopted repeal affects Texas Administrative Code, Chapter 4, Subchapter A, §4.5.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500268

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


19 TAC §4.9

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 4, Subchapter A, §4.9., Limitations on the Number of Courses that May be Dropped Under Certain Circumstances by Undergraduate Students, without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9177). The rule will not be republished.

The adopted amendments include a re-organization of some subsections for clarity, and guidelines for institutions regarding statutory requirements for allowing a student to drop six or more courses. The adopted amendments also include a provision requiring an institution to maintain an appeals process where required by the Americans with Disabilities Act.

The following comments were received regarding the adoption of the amendments.

Comment: From an individual citizen expressing support for provisions under §4.9(a)(3)(A).

Response: The Coordinating Board thanks the individual for their comment.

Comment: From the University of Texas at Dallas, requesting clarification that exceptions related to a change in the student's work schedule beyond their control are still permissible under the individual institution's policy.

Response: The Coordinating Board thanks the institution for its comment. The provision in §4.9(a)(3)(F) provides institutions with flexibility to determine good cause through institutional policy in addition to statutory requirements. Additional optional provisions were removed from the rule text to provide clear direction for institutions on what is required to be considered good cause.

The amendments are adopted under Texas Education Code, Section 51.907(e), which directs the Coordinating Board to adopt rules under which an institution shall permit a student to drop more than six courses.

The adopted amendments affect Texas Education Code, Section 51.907.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500269

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: November 15, 2024

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


CHAPTER 6. HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS

SUBCHAPTER C. TOBACCO LAWSUIT SETTLEMENT FUNDS

19 TAC §6.74

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 6, Subchapter C, §6.74, Minority Health Research and Education Grant Program, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8281). The rule will not be republished.

This repeal improves organization and consistency for Coordinating Board grant program rules overall, and improves rules for the application, review, and awarding of funds for the Minority Health Research and Education Grant Program. The Coordinating Board adopted at its October 2024 Board meeting new rules governing the program in Chapter 10, Subchapter J.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Sections 63.201 - 63.203, which grants the Coordinating Board with authority to adopt rules to administer the grant program.

The adopted repeal affects Texas Education Code, Sections 63.102 - 63.203.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500270

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


CHAPTER 9. PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES

SUBCHAPTER E. CERTIFICATE AND ASSOCIATE DEGREE PROGRAMS

19 TAC §§9.91 - 9.96

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 9, Subchapter E, §§9.91 - 9.96, Certificate and Associate Degree Programs, without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9179). The rules will not be republished.

The repeal eliminates the subchapter which is superseded by program approval rules adopted by the Coordinating Board in July 2024 that are now in Chapter 2 of this title.

The Coordinating Board is required to review and approve requests for all new certificate and degree program requests offered in the state of Texas and has the authority to adopt, amend, and repeal rules for that purpose.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.0512, which provides the Coordinating Board with the authority to approve new degree and certificate programs.

The adopted repeal affects Texas Education Code, Section 61.0512.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500258

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: November 15, 2024

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


SUBCHAPTER F. WORKFORCE CONTINUING EDUCATION COURSES

19 TAC §§9.111 - 9.118

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 9, Subchapter F, §§9.111 - 9.118, Workforce Continuing Education Courses, without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9180). The rules will not be republished.

The repeal eliminates the subchapter which is superseded by program approval rules adopted by the Coordinating Board in July 2024 that are now in Chapter 2 of this title.

The Coordinating Board is authorized to review and approve requests for workforce continuing education courses offered in the state of Texas and has the authority to adopt, amend, and repeal rules for that purpose.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 130.001(b)(3), which provides the Coordinating Board with the authority to adopt standards for the operation of a college, and Section 61.0512, which provides the Coordinating Board with the authority to approve new degree and certificate programs.

The adopted repeal affects Texas Education Code, Sections 130.001(b)(3) and 61.0512.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500259

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: November 15, 2024

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


SUBCHAPTER I. DISTANCE EDUCATION

19 TAC §§9.161 - 9.163

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 9, Subchapter I, §§9.161- 9.163, Distance Education, without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9181). The rules will not be republished.

The repeal eliminates the subchapter which is superseded by program approval rules adopted by the Coordinating Board in July 2024 that are now in Chapter 2 of this title.

The Coordinating Board is required to review and approve requests for all Distance Education degree program requests offered in the state of Texas and has the authority to adopt, amend, and repeal rules for that purpose.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.0512(g), which provides the Coordinating Board with the authority to approve distance education offered for credit.

The adopted repeal affects Texas Education Code, Section 61.0512(g).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500260

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: November 15, 2024

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


CHAPTER 10. GRANT PROGRAMS

SUBCHAPTER C. STATEWIDE PRECEPTORSHIP GRANT PROGRAM

19 TAC §§10.70 - 10.78

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 10, Subchapter C, §10.72 and §10.76, Statewide Preceptorship Grant Program, with changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8282). The rules will be republished. Sections 10.70, 10.71, 10.73 - 10.75, 10.77 and 10.78 are adopted without changes and will not be republished.

The new section codifies in rule Coordinating Board processes and procedures for administering the grant program. The Coordinating Board used negotiated rulemaking to develop the rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

Rule 10.70, Purpose, establishes the purpose of the new rule is to administer the Statewide Preceptorship Program.

Rule 10.71, Authority, identifies Texas Education Code, §58.006, as the authorizing statute for the rules.

Rule 10.72, Definitions, provides definitions for words and terms used in the rules.

Rule 10.73, Eligibility, establishes eligibility criteria to apply for and receive funding under the Statewide Preceptorship Program.

Rule 10.74, Application Process, lays out the application requirements. This section limits each eligible entity to one application and limits participation to students interested in a primary care career.

Rule 10.75, Evaluation, establishes the minimum evaluation criteria an applicant must meet to be considered for the grant award. This includes limiting participation to students interested in a primary care career and supporting student participation in preceptorship programs in internal medicine, family medicine, and general pediatrics.

Rule 10.76, Grant Awards, explains the amount of funding available to the grant program is dependent on legislative appropriations for the biennium and describes agency processes for awarding funds.

Rule 10.77, Reporting, establishes reporting requirements for grantees. A grantee is required to submit narrative and expenditure reports within the deadlines and addressing the criteria set forth in the Request for Application.

Rule 10.78, Additional Requirements, provides additional requirements for the return of unexpected funds to the Coordinating Board.

Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.

Section 10.72, Definitions, is amended to include definitions for General Internal Medicine and General Pediatrics.

Section 10.76, Grant Awards, is amended to ensure consistent language with §10.73, Eligibility.

The following comments were received regarding the adoption of the new rules.

Comment regarding §10.72, Definitions, from Texas Medical Association (TMA) and the Texas Pediatric Society (TPS): TMA recommended including the following definition for General Internal Medicine, and both TMA and TPS recommended including the following definition for General Pediatrics.

General Internal Medicine--Primary care general internal medicine in which the internal medicine physician cares for patients longitudinally, throughout their health journey and provides preventive, acute, and chronic care, most often in the ambulatory setting. General Pediatrics--Primary care pediatrics encompasses comprehensive care across the life cycle, from infancy to young adulthood. Health supervision is included, along with a focus on prevention of physical and mental health conditions; anticipatory guidance and promotion of wellness including mental health and monitoring physical, cognitive, and social growth and development; and age-appropriate screening for health promotion and disease prevention.

Response: The Coordinating Board agrees with the recommendation and the definitions have been included in the adopted rule text.

Comments regarding §10.74, Application Process, and §10.75, Evaluation, from the Texas Medical Association (TMA) and the Texas Pediatric Society: Both TPS and TMA recommended removing the term "documented" from §10.74(b) and §10.75(b)(1) with the rationale that requiring formal documentation is inconsistent with statutory requirements. TPS recommended replacing the term "documented" with "expressed,"

Response: The Coordinating Board thanks TPS and TMA for the comments. Statute requires that a student indicate interest in primary care, and for audit and reporting purposes, institutions should have some way of documenting that indicated interest. The Coordinating Board understands that the mechanisms used to document interest will likely vary by institution.

Comment regarding §10.76, Grant Awards, from the Texas Medical Association (TMA) and the Texas Pediatric Society: Recommended replacing the term "institution" in §10.76(f) to eliminate concerns that the term would be misinterpreted.

Response: The Coordinating Board agrees with the recommendation and has replaced the term "institution" with "entity" to be consistent with §10.73, Eligibility.

Comment regarding §10.76, Grant Awards from the Texas Pediatric Society (TPS): Request clarity on whether the language in §10.76(c), "The Commissioner of Higher Education may negotiate or adjust a grantee award to best fulfill the purpose of the RFA," includes adjusting awards between grantees and specialties to meet the current need of the programs.

Response: The Coordinating Board thanks TPS for its comment. Parameters for award adjustments would typically include allocation and specificity of requirements in the RFA. Additional details on award adjustments will be outlined through the RFA process.

Comment regarding §10.77, Reporting, from the Texas Pediatric Society (TPS): TPS submitted recommended data collection that may address reporting requirements.

Response: The Coordinating Board thanks TPS for its comment and will adjust language related to reporting requirements in the request for applications (RFA), as needed. Further, the Coordinating Board modified the language in §10.77(a)(4) to provide more flexibility in the RFA in terms of what data will need to be collected for reporting.

The new sections are adopted under Texas Education Code, Section 58.006, which provides the Coordinating Board with the authority to administer the Statewide Preceptorship Program.

The adopted new sections affect Texas Education Code, Section 58.006.

§10.72.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) General Internal Medicine--Primary care general internal medicine in which the internal medicine physician cares for patients longitudinally, throughout their health journey and provides preventive, acute, and chronic care, most often in the ambulatory setting.

(5) General Pediatrics--Primary care pediatrics encompasses comprehensive care across the life cycle, from infancy to young adulthood. Health supervision is included, along with a focus on prevention of physical and mental health conditions; anticipatory guidance and promotion of wellness including mental health and monitoring physical, cognitive, and social growth and development; and age-appropriate screening for health promotion and disease prevention.

(6) Medical School--An eligible medical institution as identified in Texas Education Code, chapter 61.501(1), and the school of osteopathic medicine at the University of the Incarnate Word, as authorized by Texas Education Code, §58.006(d).

(7) Preceptor--A skilled and experienced physician who serves as a mentor to medical students in accordance with the terms and conditions of the Request for Application (RFA).

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

§10.76.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. The Coordinating Board will provide award levels and an estimated number of awards in the RFA.

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

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

(d) The Coordinating Board shall not disburse any awarded funds until the Notice of Grant Award (NOGA) has been fully executed and, if applicable, the institution has filed and received acknowledgement of the Disclosure of Interested Parties, as described in the RFA or until the institution has filed and obtained Coordinating Board approval of its periodic expenditure reports for payment.

(e) The Coordinating Board shall set forth the determination of the allowability of administrative costs in the RFA unless otherwise agreed in writing by the Commissioner and Grantee.

(f) An entity shall use a grant award to support the preceptorship program as described in the RFA and these rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500261

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER D. RURAL RESIDENT PHYSICIAN GRANT PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amending the subchapter title of Title 19, Part 1, Chapter 10, Subchapter D, Rural Resident Physician Grant Program, without changes to the proposed text as published in the December 13, 2024, issue of the Texas Register (49 TexReg 10093). The subchapter title will not be republished.

The adopted amendment corrects the misspelling of "Physician" in the subchapter title.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Education Code, Section 58A.081, which provides the Coordinating Board with the authority to administer the Rural Resident Physician Grant Program and adopt program rules.

The adopted amendment affects Texas Education Code, Section 58A.081.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2025.

TRD-202500155

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 6, 2025

Proposal publication date: December 13, 2024

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


CHAPTER 14. RESEARCH FUNDING PROGRAMS

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 14, , §14.1 and §14.2, Provisions; §§14.11 - 14.13, Norman Hackerman Advanced Research Program; , §§14.31 - 14.33, Technology Program; §§14.51 - 14.53, Development and Transfer Program; §§14.72 - 14.79, Administration of the research Funding Programs; and, §§14.91 - 14.95, Grants Program for High School Teachers, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8284). The rules will not be republished.

The repeal of Chapter 14 eliminates unnecessary rules governing unfunded research funding programs.

The Coordinating Board adopts the repeal of Chapter 14 as part of an effort to update agency rules. It is necessary to eliminate the rules in Chapter 14, Subchapters A - F, because the Legislature has not funded the research funding programs that the rules govern for several biennia. Therefore, the programs are non-operational, and the rules that govern these programs should be repealed.

No comments were received regarding the adoption of the repeal.

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §14.1, §14.2

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Part 1, Chapter 14, Subchapter A, §14.1 and §14.2.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500262

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER B. NORMAN HACKERMAN ADVANCED RESEARCH PROGRAM

19 TAC §§14.11 - 14.13

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Part 1, Chapter 14, Subchapter B, §§14.11 - 14.13.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500263

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER C. ADVANCED TECHNOLOGY PROGRAM

19 TAC §§14.31 - 14.33

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Part 1, Chapter 14, Subchapter C, §§14.31 - 14.33.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500264

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER D. TECHNOLOGY DEVELOPMENT AND TRANSFER PROGRAM

19 TAC §§14.51 - 14.53

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Part 1, Chapter 14, Subchapter D, §§14.51 - 14.53.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500265

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER E. PROCEDURAL ADMINISTRATION OF THE RESEARCH FUNDING PROGRAMS

19 TAC §§14.72 - 14.79

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Part 1, Chapter 14, Subchapter E, §§14.72 - 14.79.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500266

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


SUBCHAPTER F. SUPPLEMENTAL GRANTS PROGRAM FOR HIGH SCHOOL TEACHERS

19 TAC §§14.91 - 14.95

The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The adopted repeal affects Texas Administrative Code, Part 1, Chapter 14, Subchapter F, §§14.91 - 14.95.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500267

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

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


CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §22.7

The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 22, Subchapter A, §22.7. Dissemination of Information and Rules, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8286). The rule will not be republished.

This repeal eliminates an unnecessary provision in the General Provisions relating to many of the Coordinating Board's financial aid programs. The Coordinating Board is authorized to adopt rules to effectuate the provisions of Texas Education Code, Chapter 61, including §61.051(a)(5) regarding the administration of financial aid programs.

Rule 22.7 is repealed. The rule asserts the Coordinating Board's responsibility for publishing and disseminating general information and program rules for the programs included in Texas Administrative Code, Chapter 22. Outreach to relevant stakeholders is crucial for the success of financial aid programs, but the Coordinating Board has determined that it can continue to accomplish this task without the rule, which is otherwise unnecessary for the administration of the programs in this chapter. Moreover, the rule could be construed as requiring the Coordinating Board to disseminate information regarding programs in the chapter that are not currently active, which could cause confusion for institutional partners and the public. Its elimination will not affect Coordinating Board operations.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Education Code, Section 61.051(a)(5), which provides the Coordinating Board with the authority to administer state financial aid programs.

The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500271

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 13, 2025

Proposal publication date: October 11, 2024

For further information, please call: : (512) 427-6365


SUBCHAPTER F. MATCHING SCHOLARSHIPS TO RETAIN STUDENTS IN TEXAS

19 TAC §§22.113 - 22.115

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 22, Subchapter F, §§22.113 - 22.115, Matching Scholarships to Retain Students in Texas, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8286). The rules will not be republished.

This amendment makes nonsubstantive changes to rule language to conform with other program rules in the chapter. The Coordinating Board is authorized to adopt rules as necessary by Texas Education Code, §61.087.

Rules 22.113, 22.114, and 22.115 are amended to make nonsubstantive changes to rule language. Citations to General Provisions in Chapter 22 are added to improve rule clarity and navigability, and use of the term "award" is replaced by "scholarship" to conform with rule language changes being made throughout the chapter. There are no practical changes to the administration of this subchapter.

The following comment was received regarding the adoption of the amendments.

Comment: Austin Community College commented to note that use of the term "scholarship" in this and other subchapters can cause confusion with business operations, as they can be treated differently from grants. The commenter notes that a clearer distinction between grants and scholarships would be helpful.

Response: The Coordinating Board appreciates the comment. The lack of industry-wide accepted definitions for "grant" and "scholarship" can lead to overlap in how these terms are understood, and the Coordinating Board acknowledges the confusion stemming from that. The use of "scholarship" in this subchapter, however, aligns with the language used in Texas Education Code, §61.087. Coordinating Board rules cannot supersede statute. Accordingly, the Coordinating Board takes no action on this comment.

The amendments are adopted under Texas Education Code, Section 61.087, which provides the Coordinating Board with the authority to adopt rules regarding matching scholarships to retain students in Texas.

The adopted amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500272

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: May 15, 2025

Proposal publication date: October 11, 2024

For further information, please call: (512) 427-6365


SUBCHAPTER G. TEXAS COLLEGE WORK-STUDY PROGRAM

19 TAC §§22.128 - 22.131, 22.133, 22.135

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to, Title 19, Part 1, Chapter 22, Subchapter G, §22.130, Texas College Work-Study Program, with changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8287). The rules will be republished. Sections 22.128, 22.129, 22.131, 22.133, and 22.135 are adopted without changes and will not be republished.

These amendments align rule language and terminology, clarify potential ambiguities, and more clearly specify rule applicability to improve the clarity and navigability of the program rules. The Coordinating Board is authorized to adopt rules related to the Texas College Work-Study (TCWS) Program by Texas Education Code (TEC), §§56.073 and 56.077.

Included throughout the subchapter are a number of nonsubstantive updates to rule language. References to the Coordinating Board as an agency, for example, previously written as "Board" or "Board staff," are revised to "Coordinating Board" to ensure the distinction is clear between the agency and its governing board.

Rule 22.128, Definitions, is amended to eliminate unnecessary or redundant definitions. "Encumbered funds" is not used in this subchapter and is therefore unnecessary; additionally, "encumber" is already defined in the chapter's General Provisions. The terms "forecast" and "institution of higher education" have both been consolidated into the chapter's General Provisions.

Rule 22.129, Eligible Institutions, is amended to more closely align institutional eligibility with defined terms, specify the circumstances under which particular eligibility requirements apply, and simplify particular administrative requirements. The section is retitled to conform with rule naming conventions used throughout the chapter. Nonsubstantive amendments to subsection (a) are intended to align with defined terms in §22.1, and the reference to theological or religious seminaries is also removed from the definition of eligible institutions. Subsections (c) and (d) are amended, first, to clarify that the requirements apply to institutions' participation in the TCWS program as employers. Paragraph (d)(3) relates to other participating entities, not the institution, and therefore is relocated to §22.131(b). Subsection (e) was determined to be outdated and unnecessary to the administration of the program and is therefore eliminated.

Rule 22.130, Eligible Students, is amended by aligning eligibility criteria more closely with defined terms and adding citations to rules located in the chapter's General Provisions. The section is retitled to conform with rule naming conventions used throughout the chapter. Subsection (b) is clarified by adding "or" at the end of Paragraph (1) to clarify that either condition would disqualify a student from eligibility for the program.

Rule 22.131, Eligible Off-Campus Employers, is amended to clarify aspects of non-institutional employer eligibility. Subsection (b) is the reconstituted §22.129(d)(3). Subsection (c) is reorganized to clarify the logic associated with paragraphs (4) and (5) -- non-institutional employers must meet one of the two conditions. Subsection (c) is eliminated due to being duplicative with §22.129(c)(4).

Rule 22.133, Allocation of Funds, is amended by removing unnecessary provisions relating to allocations for Fiscal Year 2023 and prior. All other changes are nonsubstantive; allocations for this program are unchanged.

Rule 23.135, Disbursement of Funds, is amended with nonsubstantive changes to rule language.

Subsequent to the posting of the rules in the Texas Register, the following changes were incorporated into the adopted rule.

Section 22.130(b)(2) is removed, consistent with the similar revisions to 22.129 (a)(1). These revisions, eliminating references to theological seminaries and religious degree programs, are for the purpose of alignment with legal determinations stemming from recent federal court decisions.

No comments were received regarding the adoption of the amendments.

The amendments are adopted under Texas Education Code, Section 56.073, which provides the Coordinating Board with the authority to adopt rules related to the Texas College Work-Study Program.

The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22.

§22.130.Eligible Students.

(a) To be eligible for employment in the Program a person shall:

(1) be a resident of Texas, as defined by §22.1 of this chapter (relating to Definitions);

(2) be enrolled at least half-time, as determined by the student's institution, and be seeking a degree or certificate in an eligible institution;

(3) show financial need, as defined by §22.1 of this chapter;

(4) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration; and

(5) if participating in the Mentorship Program, receive appropriate training and supervision as determined by the Coordinating Board.

(b) A person is not eligible to participate in the Program if the person concurrently receives an athletic scholarship.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500274

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: May 15, 2025

Proposal publication date: October 11, 2024

For further information, please call: (512) 427-6365


SUBCHAPTER I. TEXAS ARMED SERVICES SCHOLARSHIP PROGRAM

19 TAC §§22.163 - 22.170

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to and new rule in Title 19, Part 1, Chapter 22, Subchapter I, §§22.163 - 22.168 and 22.170, Texas Armed Services Scholarship Program, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8291). The rules will not be republished. Section 22.169 is adopted with changes and will be republished.

The amendments and new section align terminology and rule language throughout the chapter and restructure existing provisions to improve rule clarity and readability.

Included throughout the subchapter are a number of nonsubstantive updates to rule language. References to the Coordinating Board as an agency, for example, previously written as "Board" or "Board staff," are revised to "Coordinating Board" to ensure the distinction is clear between the agency and its governing board. Similarly, the word "award" is changed to the more precise "scholarship" as a noun and "offer" as a verb, to avoid potential confusion.

Rule 22.163, Authority and Purpose, is amended to add the appropriate chapter to the authority citation to conform with standards throughout the rule chapter.

Rule 22.164, Definitions, is amended by removing unnecessary or duplicative definitions. The term "award" is being treated as mentioned above, and "institution of higher education" has been consolidated into rule §22.1. Because the definition of "institution of higher education" in rule §22.1 includes public institutions only, references to institution throughout this rule have been clarified to include "private or independent institution of higher education," which is also defined in rule §22.1.

Rule 22.165, Scholarship Amount, is amended by separating the concepts of scholarship amount and program limitations. Current subsections (c) and (d), which relate to the discontinuation of a student's eligibility for a scholarship, are being moved to the new rule §22.169. The section is retitled accordingly.

Rule 22.166, Appointment by Elected Officials, is amended by retitling the section to conform more closely with rule naming conventions used throughout the chapter and adding a header on subsection (c) to designate its purpose.

Rule 22.167, Eligible Students, is amended align more closely with the provisions of rule §22.166. Paragraph (4) is eliminated, as appointment by an elected official is a pre-condition for consideration for the scholarship. The section is retitled to conform to rule naming conventions used throughout the chapter.

Rule 22.168, Promissory Note, is amended to eliminate an unnecessary and potentially confusing phrase in paragraph (b)(2). Scholarship recipients are not required to enroll in an institution of higher education immediately after completing high school or their equivalency, so the phrase "after...equivalent" is potentially misleading. This does not represent a change in Coordinating Board policy.

Rule 22.169, Discontinuation of Eligibility, is created to specify provisions relating to discontinuation of a student's eligibility for a scholarship under the program. Subsections (a) and (b), respectively, are the reconstituted §22.165(c) and (d), with no changes.

Rule 22.170, Conversion of the Scholarship to a Loan, is amended to correct a rule citation and to eliminate paragraphs (c)(1) and (c)(2), which are not necessary and could be confusing.

The following comments were received regarding the adoption of the amendments and new rule.

Comment: Texas A&M University commented regarding rule 22.168, Promissory Note, to offer a suggestion for paragraph (b)(3)(B). Texas A&M University would like to see additional flexibility of 6-12 months in the time required for a student to seek commission outside of graduation. The institution believes this flexibility will allow students to continue to qualify for the scholarship and to seek commission outside of the university, while also fulfilling their overall military service commitment.

Response: The Coordinating Board appreciates the comment and offers the following clarification. Rule §22.170, Conversion of the Scholarship to a Loan, paragraph (b) allows recipients to provide the required documentation of military commitment within twelve months of graduation before a scholarship is converted to a loan. This provision encompasses the requested time flexibility as noted by the commentor. Accordingly, the Coordinating Board takes no action on this comment.

Comment: Texas A&M University commented regarding rule 22.169, Discontinuation of Eligibility, to offer a suggestion for paragraph (a). Texas A&M University would like to see additional language added that will provide more latitude in determining a four-year versus five-year degree program for purposes of this scholarship program.

Response: The Coordinating Board appreciates the comment and acknowledges that not all required ROTC courses count toward an official degree plan. As such, the Coordinating Board revises rule §22.169(a) to allow a student to receive a scholarship while meeting the requirement to "graduate no later than six years after the date the student first enrolls in a public or private institution of higher education in this state," as permitted by Texas Education Code Section, 61.9773.

The amendments and new section are adopted under Texas Education Code, Section 61.9774, which provides the Coordinating Board with the authority to adopt rules related to the Texas Armed Services Scholarship Program.

The adopted amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 22.

§22.169.Discontinuation of Eligibility.

(a) A student's eligibility is limited to the six years after the date the student first enrolls in an institution of higher education or private or independent institution of higher education.

(b) Notwithstanding subsection (a) of this section, a student may not receive a scholarship after having earned a baccalaureate degree or a cumulative total of 150 credit hours, including transferred hours, as verified by the student's institution of higher education or private or independent institution of higher education.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500275

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: May 15, 2025

Proposal publication date: October 11, 2024

For further information, please call: (512) 427-6365


SUBCHAPTER K. TEXAS TRANSFER GRANT PROGRAM

19 TAC §§22.201 - 22.210

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 22, Subchapter K, §§22.201 - 22.210, Texas Transfer Grant Program, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8294). The rules will not be republished.

These amendments align rule language and terminology with rules throughout the chapter to improve rule clarity. The Coordinating Board is authorized to adopt rules related to the Texas Transfer Grant Program by the Administrative Procedures Act, Texas Government Code, §2001.003(6).

Rule 22.201, Definitions, is amended to eliminate the unused term, "encumbered funds," from the section. This term has a technical meaning but is not used in the rule.

Rule 22.202, Eligible Institutions, is amended to align the rule language with defined terms in §22.1 of this chapter and to eliminate paragraph (2)(B), which referred to approval procedures for the 2023 - 2024 academic year and is no longer needed.

Rule 22.203, Eligible Students, is amended to align eligibility criteria with defined terms and to clarify subsection (a)(3). The rules define the requirement to "have applied for any available financial aid assistance" in this and other programs as a requirement that the student to have completed the Free Application for Federal Student Aid (FAFSA) or, as needed, the Texas Application for State Financial Aid (TASFA). The amendments to the rule improve the clarity of the rule and align with current practice. The amendments to this section are conforming and should not be interpreted as changing the eligibility requirements for the program.

Rule 22.204, Satisfactory Academic Progress, is amended to specify that each institution shall calculate a student's grade point average for the purposes of meeting satisfactory academic progress in accordance with §22.10 in the chapter's General Provisions. This does not represent a change in policy.

Rule 22.205, Discontinuation of Eligibility or Non-Eligibility, is amended to correct a grammatical error and add a citation for a defined term.

Rule 22.206, Hardship Provisions, is amended to align the hardship provisions in this subchapter with equivalent sections elsewhere in the chapter. Because the Texas Transfer Grant is intended to be a two-year program for students who have already completed an associate degree, it would be nearly impossible for an eligible student to reach the 150 semester credit hour limit established in subsection (a)(4). This provision is eliminated to provide clarity around this requirement.

Rule 22.207, Priorities in Grants to Students, is amended by replacing "expected family contribution" with the new term "Student Aid Index" (no change in meaning) and updating a citation.

Rule 22.208, Grant Amounts, is amended by revising subsection (c) to align with similar provisions in other programs in this chapter.

Rule 22.209, Allocation of Funds, is amended by aligning existing rule text with defined terms. Allocations for this program are unaffected by these changes.

Rule 22.210, Disbursement of Funds, is amended by adding a citation to relevant rule within the chapter's General Provisions.

No comments were received regarding the adoption of the amendments.

The amendment is adopted under Texas Government Code, Section 2001.003(6), which provides the Coordinating Board with the authority to adopt rules related to the Texas Transfer Grant Program.

The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500278

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: May 15, 2025

Proposal publication date: October 11, 2024

For further information, please call: (512) 427-6365


SUBCHAPTER T. TEXAS FIRST SCHOLARSHIP PROGRAM

19 TAC §§22.550, 22.552, 22.553, 22.555

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 22, Subchapter T, §§22.550, 22.552, 22.553, and 22.555, Texas First Scholarship Program, without changes to the proposed text as published in the October 11, 2024, issue of the Texas Register (49 TexReg 8297). The rules will not be republished.

The amendments align rule language and usage with other programs throughout the chapter. The Coordinating Board is authorized to adopt rules related to the Texas First Scholarship by Texas Education Code, §56.227.

The subchapter is retitled to conform to naming conventions used throughout the chapter.

Rule 22.550, Authority and Purpose, is amended to remove an unnecessary citation in the purpose statement. This usage misaligns with other program rules in the chapter.

Rule 22.552, Eligible Institutions, is amended to clarify that the provisions of §22.2 in the chapter's General Provisions, relating to Timely Distribution of Funds, do not apply to the program. Texas First operates by having the Coordinating Board reimburse participating institutions for eligible students' state credits, which the institutions are required to accept. Timely disbursement of funds is not applicable to this method. Citations in this section also are amended to be to the definitions in rule, rather than statute.

Rule 22.553, Eligible Students, is amended by making nonsubstantive changes to improve rule readability. Greater detail is provided regarding the requirement in paragraph (4), for example, and citations are added in a manner that conforms to other programs in the chapter.

Rule 22.555, Scholarship Amount, is amended by making nonsubstantive changes to rule language and by clarifying subsection (c)(2) to make it easier to understand. These rule changes do not affect the operation of the program.

The following comment was received regarding the adoption of the amendments.

Comment: Austin Community College commented to note that there is no mention in the amended rules of FAFSA or TASFA completion in the program eligibility rules.

Response: The Coordinating Board appreciates the comment and offers the following clarification. The amended rule §22.553(4) states that, to be eligible for the Texas First Scholarship, a person must "meet the graduation requirement related to financial aid application, as described by Texas Education Code, §28.0256." This provision encompasses the FAFSA/TASFA completion, as noted by the commentor, and is stated more broadly because a student can meet the graduation requirement cited in the rule by opting out of FAFSA/TASFA completion. Accordingly, the Coordinating Board takes no action on this comment.

The amendment is adopted under Texas Education Code, Section 56.227, which provides the Coordinating Board with the authority to adopt rules related to the Texas First Scholarship Program.

The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 24, 2025.

TRD-202500279

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Effective date: May 15, 2025

Proposal publication date: October 11, 2024

For further information, please call: (512) 427-6365


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS

SUBCHAPTER BB. COMMISSIONER'S RULES CONCERNING STATE PLAN FOR EDUCATING EMERGENT BILINGUAL STUDENTS

19 TAC §§89.1201, 89.1203, 89.1205, 89.1207, 89.1210, 89.1215, 89.1220, 89.1226 - 89.1230, 89.1233, 89.1235, 89.1240, 89.1245, 89.1250, 89.1265

The Texas Education Agency (TEA) adopts amendments to §§89.1201, 89.1203, 89.1205, 89.1207, 89.1210, 89.1215, 89.1220, 89.1226 - 89.1230, 89.1233, 89.1235, 89.1240, 89.1245, 89.1250, and 89.1265, concerning the state plan for educating emergent bilingual students. The amendments to §§89.1201, 89.1203, 89.1205, 89.1210, 89.1215, 89.1220, 89.1226 - 89.1230, 89.1233, 89.1235, 89.1240, 89.1245, 89.1250, and 89.1265 are adopted without changes to the proposed text as published in the October 11, 2024 issue of the Texas Register (49 TexReg 8305) and will not be republished. The amendment to §89.1207 is adopted with changes to the proposed text as published in the October 11, 2024 issue of the Texas Register (49 TexReg 8305) and will be republished. The adopted amendments clarify terminology based on stakeholder feedback and codify current program practices and requirements. Additionally, the adopted amendment to §89.1226 aligns with recommendations from the U.S. Department of Education (USDE) Office of English Language Acquisition regarding testing accommodations.

REASONED JUSTIFICATION: Changes are adopted throughout 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating Emergent Bilingual Students, to clarify terms, including defining bilingual education to include both bilingual and English as a second language (ESL) programs; establish an acronym for the term "emergent bilingual"; replace the word "must" with the word "shall"; and refer to "home language" instead of "primary language" for alignment.

Section 89.1201 establishes the policy of the state for a student who has a home language other than English and who is identified as an emergent bilingual (EB) student. The adopted amendment to subsection (b) clarifies the goal of bilingual models to include dual language immersion (DLI) and transitional bilingual education. The adopted amendment to subsection (c) clarifies the goal of ESL program models to include content-based and pull-out.

Section 89.1203 establishes definitions. The adopted amendment clarifies terminology in paragraph (1) to include alternatives methods; aligns terminology in paragraph (3) regarding a "certified bilingual program teacher"; clarifies in paragraph (5) that the goal of the content-based language instruction is used to develop the home or partner language and English of an EB student; establishes in paragraph (6) that the two state-approved DLI program models are one-way DLI and two-way DLI; establishes in paragraph (7) that dual-language instruction includes both DLI and transitional bilingual education programs; clarifies in paragraph (9) that an ESL program includes both content-based and pull-out program models; clarifies in paragraph (10) the definition of English language proficiency standards (ELPS); adds new paragraph (12) to define "enrollment"; clarifies exit criteria for an EB student in re-numbered paragraph (13); adds new paragraph (14) to define "home language"; and deletes the definition of "primary language" to align terminology from "primary" to "home" language.

Section 89.1205 establishes required bilingual and ESL programs. The adopted amendment to subsection (f) combines existing information about what school districts are authorized to establish in addition to the required bilingual program.

Section 89.1207 establishes criteria for bilingual program exceptions and ESL program waivers. The adopted amendment integrates bilingual program exceptions and ESL waivers, eliminating the need for separate subsections on exceptions and waivers. Subsection (d)(3) includes the term "affective" to align with §89.1210(b)(1)-(3). Subsection (d) restructures existing text to further clarify application requirements and make conforming edits. Subsection (d)(3)(A) and (B) specify the application requirements for EB students in a bilingual program or an ESL program. Subsection (f) establishes criteria for the approval of bilingual exceptions and ESL waivers. Subsection (f)(2) clarifies that the three approval requirements for a bilingual exception also applies for approval of an ESL waiver.

Based on public comment, §89.1207(f), relating to approval of a bilingual exception and/or ESL waiver, has been changed at adoption to specify that the requirements and measurable targets of the action plan must be met in addition to one other existing criterion.

Section 89.1210 establishes program content and design. The adopted amendment aligns terminology.

Section 89.1215 establishes criteria for the home language survey. The adopted amendment restructures the rule to further clarify the requirements.

Section 89.1220 establishes criteria for the language proficiency assessment committee (LPAC). Based on stakeholder feedback from educators, subsection (c) is amended to clarify that all required members of an LPAC be present to make individualized student decisions. The adopted amendment to subsection (g)(2)(B) allows the LPAC to recommend program participation based on available program models within the district for transferring EB students. Subsection (g)(2)(C) clarifies that parents have the right to begin to receive program services after previously indicating denial of services. The adopted amendment to subsection (g)(3)(A) and (B) clarifies LPAC criteria for ESL and bilingual programs rather than addressing language first and academic progress second. Additional adopted changes throughout the section clarify terminology.

Section 89.1226 establishes criteria for testing and classification of EB students. An adopted amendment in subsection (h) aligns with stakeholder feedback that an LPAC does not "determine," but instead "recommends," placement. The adopted amendment to subsection (i) incorporates rule text to clarify that EB students with parental denials are eligible to receive linguistic or non-linguistic based designated supports or accommodations on the State of Texas Assessments of Academic Readiness (STAAR ®) when recommended by the LPAC or any other committee. The adopted amendment also clarifies that the designated supports or accommodations cannot prevent an EB student from meeting reclassification criteria to align with the USDE consolidated Title III audit. The adopted amendment to subsection (i)(2) clarifies the assessment criteria for reclassification.

Section 89.1227 establishes minimum requirements for the DLI program model. The adopted amendment to subsection (a) clarifies requirements.

Section 89.1228 establishes criteria for two-way DLI program model implementation. The adopted amendment to subsection (b) clarifies the three eligibility categories of students participating in a two-way DLI program model, including EB students, reclassified EB students, and non-EB students. Subsection (c)(5) is updated to align with the dual-language instruction framework.

Section 89.1229 establishes general requirements for recognition of DLI program models. The adopted amendment clarifies terminology throughout the section.

Section 89.1230 establishes criteria for eligible students with disabilities. The adopted amendment aligns terminology throughout the section.

Section 89.1233 establishes criteria for the participation of non-EB students. Based on stakeholder feedback, subsection (c) is amended to clarify program participation percentages.

Section 89.1235 establishes criteria for facilities. The adopted amendment restructures the rule to provide clarity.

Section 89.1240 establishes criteria for parental authority and responsibility. The adopted amendment restructures the rule to provide clarity.

Section 89.1245 establishes staffing and staff development. The adopted amendment clarifies terminology throughout the section.

Section 89.1250 establishes criteria for required summer school programs. An adopted amendment to subsection (c) aligns with Texas Education Code (TEC), §29.060, clarifying the required schedule for districts operating on a semester schedule as well as schedules other than semester.

Section 89.1265 establishes criteria for program evaluation. The adopted amendment clarifies and aligns terminology throughout the section.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began October 11, 2024, and ended November 12, 2024. Following is a summary of public comments received and agency responses.

Comment: A Texas school administrator commented in support of §89.1226(i), which adds linguistic support to all emergent bilingual students, including parent denials.

Response: The agency agrees.

Comment: The Intercultural Development Research Association (IDRA) commented in support of proposed changes to §89.1228 to expand the quality of dual language immersion programs.

Response: The agency agrees.

Comment: IDRA commented in support of the proposed amendment to §89.1229(b), noting the expansion of opportunities for currently identified emergent bilingual students to receive performance acknowledgment in bilingualism and biliteracy without having to be reclassified. IDRA also requested that the agency make corresponding changes to 19 TAC Chapter 74.

Response: The agency agrees in part. The comment requesting amendments to 19 TAC Chapter 74 is outside the scope of the proposed rulemaking.

Comment: IDRA commented in support of the proposed amendment to §89.1245(f)(1), which expands bilingual/ESL program training availability for Prekindergarten through Grade 12 staff.

Response: The agency agrees.

Comment: IDRA requested adding tightened criteria for school districts to apply for bilingual exceptions and ESL waivers in the proposed amendment to §89.1207(f), specifically requesting a requirement to meet the district's proposed action plan (as outlined in §89.1207(f)(1)(B) and (2)(B)) in addition to at least one of the other criteria.

Response: The agency agrees that the action plan is a critical part of a local education agency's path to teacher certification compliance. At adoption, §89.1207(f) was modified to require meeting the requirements and measurable targets of the action plan in addition to one other existing criterion for approval of a bilingual exception and/or ESL waiver.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §29.051, which establishes the state policy regarding bilingual and special language programs; TEC, §29.052, which establishes the definitions of an emergent bilingual student and parent; TEC, §29.053, which establishes the criteria for the establishment of bilingual education and special language programs; TEC, §29.054, which establishes the criteria for exceptions; TEC, §29.055, which establishes the criteria for program content and the method of instruction; TEC, §29.056, which establishes the criteria for enrollment of students in the program; TEC, §29.0561, which establishes the criteria for the evaluation of transferred students and reenrollment procedures; TEC, §29.057, which establishes the criteria for facilities and classes of bilingual education and special language programs; TEC, §29.058, which establishes the criteria for enrollment of students who do not have limited English proficiency; TEC, §29.059, which establishes the criteria for cooperation among districts to provide bilingual education and special language programs; TEC, §29.060, which establishes the criteria for preschool, summer school, and extended time programs; TEC, §29.061, which establishes the criteria for bilingual education and special language program teachers; TEC, §29.062, which establishes the criteria for monitoring compliance to evaluate the effectiveness of programs related to bilingual education and special language programs; TEC, §29.063, which establishes the criteria for language proficiency assessment committees; TEC, §29.064, which establishes the criteria for appeals; and TEC, §29.066, which establishes the criteria for a district's Public Education Information Management System (PEIMS) reporting requirements.

CROSS REFERENCE TO STATUTE. The amendments implements Texas Education Code (TEC), §§29.051, 29.052, 29.053, 29.054, 29.055, 29.056, 29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063, 29.064, and 29.066.

§89.1207.Bilingual Program Exceptions and English as a Second Language (ESL) Program Waivers.

(a) Purpose. A school district that is unable to provide a bilingual and/or an English as a second language (ESL) program as required by §89.1205(a) and (c) of this title (relating to Required Bilingual and English as a Second Language (ESL) Programs) because of an insufficient number of appropriately certified teachers shall request from the commissioner of education an exception to the bilingual program and/or a waiver for the ESL program and the approval of temporary alternative methods as defined in §89.1203(1) of this title (relating to Definitions) that align as closely as possible to the required bilingual or ESL program.

(b) Funding. Emergent bilingual (EB) students with parental approval for program participation under a bilingual exception or an ESL waiver will be included in the bilingual education allotment (BEA) designated for temporary alternative methods.

(c) Duration. The approval of a bilingual exception or an ESL waiver shall be valid only during the school year for which it was granted, which includes summer school.

(d) Application requirements. The bilingual exception and/or ESL waiver application shall be submitted by November 1 and shall include:

(1) a statement of the reasons the school district is unable to provide a sufficient number of appropriately certified teachers to offer the bilingual and/or ESL program with supporting documentation as described in Texas Education Code (TEC), §29.054(b)(1), (2), and (3);

(2) a description of the temporary alternative methods to meet the affective, linguistic, and cognitive needs of EB students, including the manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, English language proficiency standards (ELPS), and college and career readiness standards (CCRS);

(3) an assurance that appropriately certified teachers available in the school district will be assigned to ensure that the affective, linguistic, and cognitive needs of EB students with beginning and intermediate levels of English proficiency are served on a priority basis by doing the following:

(A) in a bilingual program, assigning appropriately certified teachers beginning in prekindergarten followed successively by subsequent grade levels to ensure effective early literacy development; or

(B) in an ESL program, assigning appropriately certified teachers to serve students with the highest linguistic needs at any grade level;

(4) an assurance that the school district will implement a comprehensive professional development plan that:

(A) is ongoing and targets the development of the knowledge, skills, and competencies needed to serve the needs of EB students;

(B) includes the teachers who are not certified or not appropriately certified who are assigned to implement the temporary alternative methods that align closely to the required bilingual or ESL program; and

(C) may include additional teachers who work with EB students;

(5) an assurance that at least 10% of the total BEA shall be used to fund the comprehensive professional development plan required under paragraph (4) of this subsection when applying for a bilingual exception and/or an ESL waiver;

(6) an assurance that the school district will develop an action plan to ensure that the programs required under §89.1205(a) and (c) of this title will be provided the subsequent year, including its plans for recruiting an adequate number of appropriately certified teachers to eliminate the need for subsequent exception waivers and measurable targets for the subsequent year as required by TEC, §29.054(b)(4); and

(7) an assurance that the school district shall satisfy the additional reporting requirements described in §89.1265(c) of this title (relating to Program Evaluation).

(e) School district responsibilities. A school district submitting a bilingual education exception and/or an ESL waiver shall maintain written records of all documents supporting the submission and assurances listed in subsection (d) of this section, including:

(1) a description of the temporary alternative methods designed to meet the affective, linguistic, and cognitive needs of the EB students;

(2) the number of teachers for whom a bilingual exception or an ESL waiver is needed by grade level and per campus;

(3) a copy of the school district's comprehensive professional development plan;

(4) a copy of the BEA budget documenting that a minimum of 10% of the funds were used to fund the comprehensive professional development plan; and

(5) a description of the actions taken to recruit an adequate number of appropriately certified teachers.

(f) Approval of bilingual exceptions and ESL waivers. A bilingual exception and/or an ESL waiver will be granted by the commissioner if the following criteria are met for each program.

(1) For a bilingual exception, the school district meets the requirements and measurable targets of the action plan described in subsection (d)(6) of this section submitted the previous year and approved by the Texas Education Agency (TEA) and also meets one of the following criteria:

(A) meets or exceeds the state average for EB student performance on the required state assessments; or

(B) reduces by 25% the number of teachers under the bilingual exception when compared to the number of teachers under the bilingual exception the previous year.

(2) For an ESL waiver, the school district meets the requirements and measurable targets of the action plan described in subsection (d)(6) of this section submitted the previous year and approved by TEA and also meets one of the following criteria.

(A) meets or exceeds the state average for EB student performance on the required state assessments; or

(B) reduces by 25% the number of teachers under the ESL waiver when compared to the number of teachers under the ESL waiver the previous year.

(g) Denial of bilingual exceptions and ESL waivers. A school district denied a bilingual exception and/or an ESL waiver shall submit to the commissioner a detailed action plan for complying with required regulations for the following school year.

(h) Appeals. A school district denied a bilingual exception and/or an ESL waiver may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further.

(i) Special accreditation investigation. The commissioner may authorize a special accreditation investigation under TEC, §39.003, if a school district is denied a bilingual exception and/or an ESL waiver for more than three consecutive years.

(j) Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under TEC, §39A.002.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 21, 2025.

TRD-202500163

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: February 10, 2025

Proposal publication date: October 11, 2024

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


CHAPTER 97. PLANNING AND ACCOUNTABILITY

SUBCHAPTER AA. ACCOUNTABILITY AND PERFORMANCE MONITORING

19 TAC §97.1003

The Texas Education Agency (TEA) adopts an amendment to §97.1003, concerning local accountability systems. The amendment is adopted with changes to the proposed text as published in the October 18, 2024 issue of the Texas Register (49 TexReg 8455) and will be republished. The adopted amendment modifies the timeline for submission of a local accountability plan to TEA.

REASONED JUSTIFICATION: Section 97.1003 defines the requirements school districts and open-enrollment charter schools must meet if they choose to create a local accountability plan to assign an overall performance rating for a campus.

The amendment to §97.1003(f)(3) specifies that a local accountability plan, including its components, domains, and overall scaled scores and ratings, must be submitted to TEA on a timeline determined by the commissioner of education. This amended subsection removes the first week of July as the deadline. This change allows TEA to publish timelines that best fit the needs of districts and charter schools.

Based on public comment, §97.1003(f)(3) has been amended at adoption to state that the timeline will be published on the TEA website.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began October 18, 2024, and ended November 18, 2024. Following is a summary of public comments received and agency responses.

Comment: Red Oak Independent School District noted that the proposed language was vague and allowed for possible timelines that are not manageable. The commenter further suggested amending the rule to provide a broader window for timelines.

Response: The agency disagrees. The current rule has an incorrect date for the plan submission. The plan portion must be submitted months prior to the data submission, and timelines are subject to change as the program progresses. However, the rule language at adoption states the timeline will be posted on the agency website.

Comment: An individual commented that the timeline requiring school districts to submit a local accountability plan by the first week in July provides parents with a reliable date by which they can request a local accountability plan from a district. The commenter expressed concern that if the timeline is set by the commissioner, community members may not know when an accountability plan is to be submitted and made available. The commenter suggested that the commissioner be required to report the timeline so parents have confidence that the district is following the state's reporting requirements.

Response: The agency disagrees with continuing to specify the timeline in the rule because allowing the commissioner to set the timeline will allow more flexibility for school districts and charter schools. However, the agency agrees that the timeline should be made available and has changed the rule at adoption to state that the timeline will be posted on the TEA website.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code, §39.0544, which requires the commissioner to adopt rules regarding the local assignment of campus performance ratings by school districts and open-enrollment charter schools.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §39.0544.

§97.1003.Local Accountability System.

(a) The local accountability system standards established by the commissioner of education under Texas Education Code (TEC), §39.0544, shall be used by school districts to develop a plan to locally evaluate the performance of their campuses. For the purpose of this section, the term school district includes open-enrollment charter schools.

(b) A local accountability plan created by a school district must include domain performance ratings assigned by the commissioner under TEC, §39.054, and performance ratings based on locally developed domains or sets of accountability measures.

(1) A locally developed domain or set of accountability measures is referred to as a plan component. Plan components must describe each item and the reason for its inclusion in the plan. A school district must assign each component to one of the following five domains: academics, culture and climate, extra- and co-curricular, future-ready learning, and locally determined. The weight of all plan components must equal 100%.

(2) Each campus with an approved school district plan is eligible to receive local accountability rating. A campus with an overall state accountability rating of C or higher based on ratings derived from student performance at the campus is eligible to combine an overall local accountability rating with the overall state accountability rating to determine the combined rating.

(3) For the purposes of assigning state accountability ratings, a campus that does not serve any grade level for which a State of Texas Assessments of Academic Readiness (STAAR®) examination is administered is paired with a campus in its school district that serves grade levels for which STAAR® examinations are administered. A campus not rated under the state accountability system is not eligible to combine state and local ratings. Local accountability data for a campus without state ratings may be displayed on Texas Education Agency (TEA), school district, and campus websites but will not be combined with state accountability data. The state accountability manual adopted under §97.1001 of this title (relating to Accountability Rating System) provides information about campus ratings and eligibility for applicable years.

(4) A school district must create its local accountability plan based on school type. The four school types are elementary school, middle school, high school, and Kindergarten-Grade 12. The plan must include all campuses within a school type. The school district may also request to identify an additional school group within a school type for which to customize its local accountability plan. Otherwise, all campuses within a school type must be evaluated on a common set of components determined by the school district. A school district may also request to identify a campus rated under alternative education accountability provisions as a unique school type.

(c) A school district may assign weights to each plan component described in subsection (b)(1) of this section, as determined by the district, provided that the plan components must in the aggregate account for no more than 50% of the combined overall performance rating. A local accountability plan may include no fewer than two and no more than ten components weighted between 5% and 60%.

(d) Each plan component must contain levels of performance that allow for differentiation, with assigned standards for achieving the differentiated levels that are aligned to a letter grade of A, B, C, D, or F.

(1) In order to provide for the assignment of a letter grade of A, B, C, D, or F, a school district must use data collected by the district to calculate the current baseline average. The baseline data calculated by the school district is used to set standards for each level by setting the average at a C, or mid-level, with the higher A and B grades designating levels considered to be exceptional and good, respectively, and the lower D and F grades designating levels considered to need improvement and be unacceptable, respectively.

(2) A school district may choose to include a single component with a weight not exceeding 10% with the levels of differentiation based on the face value of the average performance level rather than the average performance level, or baseline, being set at the C or mid-level value.

(3) In the case of components where current baseline levels are not used to set the campus rating scale to a C or mid-level value, TEA may require the school district to re-evaluate the inclusion of the component on an annual basis.

(e) Each plan component measure must meet standards for reliability and validity.

(1) In terms of specific measures, tests, or ratings, a measure is considered reliable if it delivers consistent results across administrations.

(2) In terms of specific measures, tests, or ratings, a measure is considered valid if the resulting outcome represents what the test is designed to measure.

(3) Reliability and validity are closely related, and both must be evident for a measure, test, or rating to be included as component outcomes in a local accountability system plan.

(f) Calculations for each plan component and overall performance ratings must be capable of being audited by a third party.

(1) A school district must use a one-to-one correspondence when converting campus grades based on plan component measures to a standard scale of 30-100 where A=90-100, B=80-89, C=70-79, D=60-69, and F=30-59.

(2) Categorical data, or data not on a continuous scale, must be converted to the standard scale of A=90-100, B=80-89, C=70-79, D=60-69, and F=30-59 by assigning the maximum value for each scaled score interval with the corresponding category used in the campus rating scale.

(3) A school district is required to submit a local accountability plan that includes components, domains, and overall scaled scores and ratings to TEA on a timeline determined by the commissioner. The timeline will be published on the TEA website.

(4) All scaled scores and letter grades submitted by a school district are subject to audit. Any data discrepancies or any indication that data have been compromised may result in verification and audit of school district and campus data used to assign local accountability ratings. The audit process may include requests for data used for campus-level calculation of component and domain scaled scores.

(5) On an annual basis, TEA will randomly select school districts for local accountability audits, and, for each such audit, TEA will randomly select components for review. Selected school districts must submit the requested data for review within the timeframe specified. A school district must maintain documentation of its local accountability plan, along with all associated data used to assign campus ratings, for two years after the end of the plan implementation period.

(6) Responsibility for the accuracy and quality of data used to determine local accountability ratings rests with each school district. Superintendent certification of data accuracy during the ratings submission process shall include an assurance that calculations have been verified to ensure that all data were included as appropriate for all components.

(7) An appeal of a local accountability rating may be submitted by the superintendent or chief operating officer once ratings are released. The local accountability appeals timeline follows the appeal deadline dates and processes as described in the state accountability manual adopted under §97.1001 of this title for the applicable year.

(g) A school district must produce a campus score card and make available on the district website an explanation of the methodology used to assign local accountability performance ratings. The campus score card shall include, at a minimum, the scaled score and rating for each component and domain along with the overall rating. A link to the local accountability ratings posted by the school district must be provided to TEA and may be included on the agency-developed school report card.

(h) Ratings may be revised as a result of investigative activities by the commissioner as authorized under TEC, §39.057(d) and (e).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 21, 2025.

TRD-202500156

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: February 10, 2025

Proposal publication date: October 18, 2024

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