Proposed Rules Title 19

TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

SUBCHAPTER G. TUITION AND FEES

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter G, §13.122, concerning Tuition and Fees. Specifically, this new section will outline the manner in which nonresident tuition rates are established, including an alternate nonresident tuition rate that general academic teaching institutions may request to use.

The Coordinating Board is authorized to adopt rules as necessary for the administration of nonresident tuition rates by Texas Education Code (TEC), Section 54.075. The Coordinating Board used negotiated rulemaking to develop these proposed rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

Rule 13.122(a) indicates the authorizing statute for the creation of this new rule.

Rule 13.122(b) indicates the definitions necessary for the administration of this new rule. To promote consistency in the Coordinating Board's rules, the proposed rule cross-references new definitions in Chapter 2, Subchapter P, which were published in the Texas Register on May 31, 2024, and will be considered for adoption at the Coordinating Board's July 2024 Board meeting. (Subchapter P will establish procedures relating to off-campus educational sites, courses, certificates, and degree programs, and it includes detailed definitions for these various types of locations.)

Rule 13.122(c) indicates that nonresident tuition rates provided by the applicable provisions of Texas Education Code, Chapters 51 and 54, including those outlined throughout rule 13.122, apply to any student who does not demonstrate residency, regardless of citizenship, as dictated by Texas Education Code, §54.051(m).

Rule 13.122(d) indicates the timing of when the Coordinating Board will publish the annual nonresident tuition rate and summarizes the students to whom the nonresident rate applies. This subsection replaces rule 21.2(a), which is proposed for repeal.

Rule 13.122(e) indicates the manner by which the Coordinating Board will calculate the nonresident tuition rate, as dictated by Texas Education Code, §54.051(d). This subsection replaces rule 21.2(b), which is proposed for repeal.

Rule 13.122(f) indicates the manner in which the Coordinating Board administers Texas Education Code, §54.0601. The Coordinating Board used negotiated rulemaking to develop this subsection of the new rule.

Paragraph (1) indicates the conditions under which a general academic teaching institution may request to use the alternate nonresident tuition rate at its parent institution (defined in rule 2.383). Eligibility to request to use the alternate nonresident tuition rate at the parent institution is based on the parent institution's 100-mile proximity to the border of Texas and another U.S. state. It is not based on the geographic location of an off-campus educational site. If approved, the alternate nonresident tuition rate applies only to the general academic teaching institution's on-campus students (defined in rule 2.383). If a student qualifies for the alternate nonresident rate, then the rate may be applied to any of the student's coursework at the general academic teaching institution. This level of detail is provided to help ensure consistent administration of the rule across the multiple general academic teaching institutions eligible to participate.

Paragraph (2) indicates the conditions under which a general academic teaching institution may request to use the nonresident tuition rate at its off-campus educational site(s) (defined in rule 2.383). The Board included a separate subsection for off-campus educational sites to provide clarity that the request and approval process, along with the applicability of the alternate tuition rate, is unique to the specific site. Eligibility to request to use the alternate nonresident tuition rate at an off-campus educational site is based on that site's location within 100-miles of a border between Texas and another U.S. state and is requested separately from the parent institution. An off-campus educational site is eligible for consideration if the site offers at least one off-campus degree program (defined in rule 2.383). If approved, the alternate nonresident tuition rate applies only to the general academic teaching institution's eligible off-campus students (defined in rule 2.383) whose off-campus degree program is offered through the off-campus educational site. If a student qualifies for the alternate nonresident rate, then the rate may be applied to any of the student's coursework at the general academic teaching institution. This level of detail is provided to help ensure consistent administration of the rule across the multiple general academic teaching institutions eligible to participate.

Paragraph (3) indicates that the alternate nonresident tuition rate applies only to those nonresident students for whom the Coordinating Board is responsible for calculating a nonresident tuition rate, as determined by Texas Education Code, §54.051.

Paragraph (4) indicates the impact that using an alternate nonresident tuition rate will have on the calculation of formula funding, as dictated by Texas Education Code, §61.059.

Paragraph (5) indicates the process by which institutions may request to use the alternate nonresident tuition rate. Such a request can be understood as having three main components: methodology, scope, and rationale. First, institutions will provide a methodology by which they will calculate the alternate nonresident tuition rate. This methodology can be for a full biennium (i.e. a calculable relationship between the alternate nonresident rate and other tuition rates), or institutions may submit annual requests with discrete alternate nonresident tuition rates. Second, the institution also must define the scope of its use of the alternate nonresident tuition rate. This includes the specific educational site for which the request is being made (institutions with multiple eligible education sites must submit separate requests for each) and state(s) from which nonresident students would receive the requested alternate rate. The alternate nonresident tuition rate is limited to students who reside in a U.S. state of which any portion is within a 135-mile radius of the educational site for which the request is being submitted. This operationalizes guidance previously provided by the Coordinating Board after the statute was originally created. The Coordinating Board views this restriction as a reasonable measure to prevent unreasonable harm to other institutions of higher education. Finally, institutions also must provide their justification for requesting the alternate rate by providing explanations of why offering the rate is in the best interest of the institution and why it would not cause unreasonable harm to another institution, which are required by statute. This information will be used in the Coordinating Board's review and approval process.

Paragraph (6) indicates the Coordinating Board's review and approval process for requests. The Coordinating Board may deny or approve the request, in whole or in part, within 30 calendar days of receiving the request. Institutions may not offer or publish the alternate rate until after they have received approval from the Coordinating Board.

Paragraph (7) indicates the minimum allowable nonresident tuition rate, which is consistent with the minimum rate established in rule 21.2264(d), which is proposed for repeal.

Paragraph (8) indicates that institutions will continue to report the use of the alternate nonresident tuition rate as a waiver to minimize any potential impact on long-standing reporting requirements.

Paragraphs (9) through (11) allow students who were previously granted the alternate tuition rate to continue to receive the rate under subsection (f) if they may no longer qualify following adoption of the proposed rule. These subsections provide a "grandfathering" period through the 2029-2030 academic year, while institutions realign their practices with the new rule. The grandfathering period is established to minimize the financial impact of the rule change on current students, and it requires that the student stay continuously enrolled and that the institution continues to be approved for the alternate nonresident tuition rate.

Dr. Charles Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

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

Dr. Charles Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the increased clarity regarding the establishment of nonresident tuition rates to support greater consistency in the administration of these rates by institutions of higher education. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

Comments on the proposal may be submitted to Dr. Charles Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new section is proposed under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.

The proposed new section affects Texas Education Code, Sections 54.051 and 54.0601.

§13.122.Determination of Tuition Rate for Nonresident Students.

(a) Authorizing Statute. The Coordinating Board's responsibilities regarding tuition rates for nonresident students are authorized through Texas Education Code, §54.051, "Tuition Rates," and §54.0601, "Nonresident Tuition Rates at Certain Institutions," and the Coordinating Board is authorized to adopt rules by §54.075.

(b) The following words and terms, when used in this section, shall have meanings as defined in §2.383 of this title (relating to Definitions):

(1) off-campus degree program;

(2) off-campus educational site;

(3) off-campus student;

(4) on-campus student; and

(5) parent institution.

(c) In accordance with Texas Education Code, §54.051(m), the tuition rates for nonresident students that are provided by the applicable provisions of Texas Education Code, chapters 51 and 54, will be applied to any student who does not demonstrate residency per chapter 21, subchapter B of this title (relating to Determination of Resident Status), regardless of the student's citizenship.

(d) Prior to January 1 of each calendar year in which the academic year begins, or as soon thereafter as is practicable, the Coordinating Board shall determine the minimum nonresident tuition rate per subsection (e) of this section, and report the rate to the appropriate institutions, pursuant to Texas Education Code, §51.051(d). This minimum rate generally applies to nonresident students enrolled in general academic teaching and health-related institutions, unless Texas law provides for a different rate to be applied to a particular program or student.

(e) The minimum nonresident tuition rate set per semester credit hour per subsection (d) of this section, is calculated as dictated by Texas Education Code, §54.051.

(f) Alternate Nonresident Tuition Rate. General academic teaching institutions, as defined by Texas Education Code, §61.003, "Definitions," are eligible to request an alternate nonresident tuition rate that is lower than otherwise calculated by subsection (d) of this section.

(1) A general academic teaching institution may request an alternate nonresident tuition rate if the primary physical address of the parent institution is located within a 100-mile radius of the boundary of Texas with another U.S. state. If approved, this nonresident tuition rate applies only to the institution's on-campus students but includes students taking courses at both the parent institution and its off-campus educational sites.

(2) A general academic teaching institution may request an alternate nonresident tuition rate if the primary physical address of an off-campus educational site offering at least one off-campus degree program is located within a 100-mile radius of the boundary of Texas with another U.S. state. If approved, this nonresident tuition rate applies only to the institution's off-campus students enrolled in an off-campus degree program offered at the approved off-campus educational site but includes students taking courses at both the parent institution and its off-campus educational sites.

(3) The nonresident tuition rate under this subsection may be applied only to nonresident students who would otherwise be charged the minimum nonresident tuition rate or a multiplier of such rate. This includes undergraduate, graduate, law school, nursing and allied health profession, optometry, and undergraduate and graduate pharmacy students. It does not include M.D., D.O., D.D.S, or D.V.M. students.

(4) For an institution that charges a nonresident tuition rate under this subsection, the Coordinating Board may not include in a formula under Texas Education Code, §61.059, "Appropriations," funding based on the number of nonresident undergraduate students enrolled at the institution in excess of 10 percent of the total number of undergraduate students enrolled at the institution.

(5) In order to utilize a nonresident tuition rate under subsection (e) of this section, the governing board of the institution, or designee if permitted by law, must submit a written request to the Coordinating Board that includes:

(A) the proposed methodology for determining the nonresident tuition rate that the institution will use under this subsection;

(B) the academic year(s) within a legislative biennium for which the general academic teaching institution is requesting approval to use the non-resident tuition rate under this subsection;

(C) the primary physical address of the parent institution or off-campus educational site offering at least one off-campus degree program that is located within a 100-mile radius of the boundary of Texas with another state and at which the general academic teaching institution proposes to use the nonresident tuition rate under this subsection;

(D) the U.S. state or states, of which any portion is within a 135-mile radius of the parent institution or off-campus educational site provided under subparagraph (C) of this paragraph, to whose residents the institution proposes to apply the nonresident tuition rate under this subsection;

(E) an explanation of why offering a nonresident tuition rate under this subsection is in the best interest of the institution; and

(F) an explanation of why offering a nonresident tuition rate under this subsection will not cause unreasonable harm to any other institution of higher education, as defined by Texas Education Code, §61.003, "Definitions."

(6) The Commissioner shall review the requested tuition rate and determine if it is in the best interest of the institution and whether it would cause harm to any other institution. The Commissioner may deny or approve, in whole or in part, an institution's request, and will communicate his or her decision in writing to the requesting institution within thirty (30) calendar days of the Coordinating Board's receipt of the institution's request. To the extent approved by the Commissioner, the institution shall utilize the nonresident tuition rate under this subsection for residents of the eligible state or states included in the Commissioner's approval during the academic year(s) stated in the approval. Requests must be approved by the Commissioner prior to offering or publishing an alternate nonresident tuition rate to eligible students by the institution.

(7) The nonresident tuition rate approved for a general academic teaching institution by the Coordinating Board under this subsection may not be less than $30 more than the resident tuition rate outlined in Texas Education Code, 54.051(c).

(8) The difference between the nonresident tuition rate set annually by the Coordinating Board, under subsection (c) of this section, and an alternate nonresident tuition rate approved under this subsection shall be reported by the institution as a waiver on relevant Coordinating Board data submissions.

(9) General academic teaching institutions who received Commissioner approval to offer a nonresident tuition rate under former §21.2264 of this title (relating to General Academic Teaching Institutions Located within 100 Miles of the Texas Border) for the 2024 - 2025 academic year prior to August 31, 2024, may continue to offer the approved nonresident tuition rate in the 2024 - 2025 academic year to individuals who qualified and established eligibility pursuant to §21.2264 as it existed prior to repeal.

(10) If an individual received a nonresident tuition rate under former §21.2264 prior to the 2025 - 2026 academic year that was approved by the Commissioner, and is no longer eligible to receive the nonresident tuition rate based on this subsection, then the institution may continue to offer the nonresident tuition rate based on this subsection to that individual if that individual remains continuously enrolled and the institution has Commissioner approval to offer the nonresident tuition rate under this subsection for the applicable academic year.

(11) Paragraph (10) of this subsection expires at the end of 2029 - 2030 academic year.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403084

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

CHAPTER 21. STUDENT SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §21.2

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter A, §21.2, concerning General Provisions. Specifically, this repeal will eliminate a duplicative rule.

Rule 21.2, Determination of Tuition Rate for Nonresident and Foreign Students, is repealed. The provisions of this rule have been incorporated into §13.122 (relating to Determination of Tuition Rate for Nonresident Students) in the new Chapter 13, Subchapter G, Tuition and Fees. Accordingly, this section is duplicative and can be eliminated without affecting Coordinating Board operations.

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

Dr. Charles Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the elimination of a duplicative rule. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.

The proposed repeal affects Texas Education Code, Section 54.051.

§21.2.Determination of Tuition Rate for Nonresident and Foreign Students.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403085

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER SS. WAIVER PROGRAMS FOR CERTAIN NONRESIDENT PERSONS

19 TAC §21.2264

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter SS, §21.2264, concerning Waiver Programs for Certain Nonresident Persons. Specifically, this repeal will eliminate a duplicative rule.

Rule 21.2264, General Academic Teaching Institutions Located within 100 Miles of the Texas Border, is repealed. The provisions of this rule have been incorporated into §13.122 (relating to Determination of Tuition Rate for Nonresident Students) in the new Chapter 13, Subchapter G, Tuition and Fees. Accordingly, this section is duplicative and can be eliminated without affecting Coordinating Board operations.

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

Dr. Charles Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the elimination of a duplicative rule. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The proposed repeal affects Texas Education Code, Section 54.0601.

§21.2264.General Academic Teaching Institutions Located within 100 Miles of the Texas Border.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403086

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER H. PROVISIONS FOR THE LICENSE PLATE INSIGNIA SCHOLARSHIP PROGRAM

19 TAC §§22.141, 22.143 - 22.147

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter H, §22.141 and §§22.143 - 22.147, concerning Provisions for the License Plate Insignia Scholarship Program. Specifically, this repeal will eliminate unnecessary rules and institutional reporting requirements.

Texas Transportation Code, §504.615, establishes the License Plate Insignia Scholarship Program, which allows for the transfer of funds collected by the Texas Department of Motor Vehicles from the purchase of institution-specific specialty license plates to Texas institutions of higher education to provide financial aid to students with need. Texas Administrative Code, Chapter 22, Subchapter H, includes rules related to institutional responsibilities, student eligibility for associated aid, and allocation and disbursement procedures. Upon review, the Coordinating Board has concluded that the necessary provisions for the agency or participating institutions to meet statutory obligations related to the program already exist in statute or elsewhere in the Coordinating Board's rules. Accordingly, repealing the rules in this subchapter will not affect Coordinating Board operations while advancing its interest in eliminating unnecessary institutional reporting requirements.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the elimination of unnecessary rules and institutional reporting requirements. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

Comments on the proposal may be submitted to Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Transportation Code, Section 504.615, which establishes the License Plate Insignia Scholarship Program.

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

§22.141.Authority and Purpose.

§22.143.Institutions.

§22.144.Eligible Students.

§22.145.Award Amounts and Uses.

§22.146.Allocations and Reallocations.

§22.147.Disbursements.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403087

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER Q. TEXAS B-ON-TIME LOAN PROGRAM

19 TAC §22.342

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter Q, §22.342, concerning the Texas B-On-Time Loan Program. Specifically, this new section will govern the allocation and use of remaining funds in the Texas B-On-Time Student Loan Account after its abolition. The Coordinating Board is authorized to establish rules as necessary to administer the B-On-Time Student Loan Program under Texas Education Code (TEC), Section 56.0092.

Section 22.342, Appropriation of Funds from Former B-On-Time Student Loan Account, is proposed to establish the allocation methodology and approved uses of funds remaining in the B-On-Time Student Loan Account after its abolition on September 1, 2024, pursuant to Section 4.07 of Senate Bill 30, 88th Legislative Session. The methodology (which was originally agreed upon in a negotiated rulemaking proceeding following the creation of TEC, Section 56.0092, by House Bill 700, 84th Legislative Session but never adopted into rule) would allocate funds among institutions that participated in the B-On-Time Program during Fiscal Years 2007 and 2015 proportionately based on each institution's unused tuition set-asides (i.e., total program disbursements less total program set-asides) for the period. Institutions that disbursed more funds than were set aside during the period will not receive an allocation. Allocated funds must be used to increase the number of at-risk students who graduate from the institutions or the rate at which at-risk students graduate from the institution.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the allocation of funds in an expiring state account to support the success of at-risk students. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The new section is proposed under Texas Education Code, Section 56.0092, which provides the Coordinating Board with the authority to establish rules as necessary to administer the B-On-Time Loan Program.

The proposed new section affects Texas Administrative Code, Title 19, Part 1, Chapter 22.

§22.342. Appropriation of Funds from Former B-On-Time Student Loan Account.

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings:

(1) At-Risk Student--An undergraduate student who has previously received a grant under the federal Pell Grant program, met the Expected Family Contribution (EFC) criterion for a grant under that program, or whose total score on the SAT or the ACT, excluding the optional essay test, is less than the national mean of students' scores on the applicable test.

(2) Eligible Institution--A general academic teaching institution described by Texas Education Code, §56.451(2)(A), or a medical and dental unit described by Texas Education Code §56.451(2)(B), as those paragraphs existed immediately before September 1, 2015.

(3) Total Disbursements--The total amount of tuition set-aside funds disbursed by an eligible institution to students for the B-On-Time Loan Program during Fiscal Years 2007 through 2015.

(4) Total Set-Asides--The total amount of tuition funds set aside by an eligible institution for the B-On-Time Loan Program during Fiscal Years 2007 through 2015.

(5) Unused Set-Asides--The amount of funds remaining after subtracting an eligible institution's total disbursements from its total set-asides. If an eligible institution's total disbursements are greater than its total set-asides, the institution's unused set-asides are considered to be zero.

(b) Allocation. After the abolition of the Texas B-On-Time Student Loan Account, the Coordinating Board may allocate any remaining money in the account to eligible institutions. Each eligible institution's proportion of the allocation shall be its unused set-asides divided by the sum of all eligible institutions' unused set-asides.

(c) Verification of Data. Allocation calculations will be shared with all eligible institutions for comment and verification prior to final posting, and the institutions will be given ten (10) working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the B-On-Time disbursements for Fiscal Years 2007 through 2015 or to notify the Coordinating Board in writing of any inaccuracies.

(d) An eligible institution that receives an appropriation of money under this section may use the money only to support efforts to increase the number of at-risk students who graduate from the institution or the rate at which at-risk students graduate from the institution.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403090

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER V. TEXAS SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS CHALLENGE SCHOLARSHIP PROGRAM

19 TAC §§22.570 - 22.577

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter V, §§22.570 - 22.577, concerning the Texas Science, Technology, Engineering, and Mathematics Challenge Scholarship Program. Specifically, this repeal will eliminate the entire subchapter, which is no longer necessary as the program is inoperative.

Texas Education Code, Section 61.9792, provides the Coordinating Board with the authority to adopt rules for the administration of the Texas Science, Technology, Engineering, and Mathematics Challenge Scholarship Program. The program has not been funded and thus has been inoperative for several biennia. Given the number of programs managed by the Coordinating Board and the agency's interest in informing the public accurately about its programmatic offerings, elimination of these rules will provide greater clarity to the public regarding the availability of student financial assistance.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be greater clarity regarding Coordinating Board operations by eliminating rules for an inoperative program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 61.9792, which provides the Coordinating Board with the authority to administer the program.

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

§22.570.Authority, Scope, and Purpose.

§22.571.Definitions.

§22.572.Institutions.

§22.573.Eligible Students.

§22.574.Request for Application by Eligible Institutions.

§22.575.Scholarship Application Process.

§22.576.Award Amounts.

§22.577.Reports.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403089

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER BB. NURSING SHORTAGE REDUCTION PROGRAM RIDER 28 STUDY WORK GROUP

19 TAC §§22.751 - 22.757

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter BB, §§22.751 - 22.757, concerning the Nursing Shortage Reduction Program Rider 28 Study Work Group. Specifically, this repeal will eliminate the entire subchapter, which is no longer necessary as the study work group completed its function and is now inoperative.

The General Appropriations Act, HB 1, Article III-56, Section 28, Subsection g, 86th Texas Legislature, directed the Coordinating Board to establish the work group and provided authority to adopt rules to govern its operations. The 24-member work group appointed by the Coordinating Board met six times in 2019 and 2020 and issued its final report in October 2020. Pursuant to rule §22.754 and in accordance with Texas Government Code, Chapter 2110, the work group was abolished thereafter. Accordingly, repeal of these rules will not affect agency operations while advancing the agency's interest in informing the public accurately regarding its programmatic offerings and activities.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the elimination of rules for a work group that has completed its function and is now inoperative. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 61.026, which provides the Coordinating Board with the authority to establish and adopt rules relating to advisory committees.

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

§22.751.Authority and Specific Purpose of the Nursing Shortage Reduction Program Rider 28 Study Work Group.

§22.752.Definitions.

§22.753.Work Group Membership.

§22.754.Duration.

§22.755.Meetings.

§22.756.Tasks Assigned to the Work Group.

§22.757.Report to the Board; Evaluation of Work Group Costs and Effectiveness.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403088

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS

SUBCHAPTER B. TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §§23.31 - 23.36

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments and new section in Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter B, §§23.31 - 23.36, concerning the Teach for Texas Loan Repayment Assistance Program. Specifically, the amendments and new section will align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules. The Coordinating Board is authorized to establish rules as necessary to administer the Teach for Texas Loan Repayment Assistance Program under Texas Education Code (TEC), Section 56.3575.

Rule 23.31 is amended to make conforming edits to the Authority subsection and include the full range of TEC sections related to the program. These changes will align language with similar provisions in other subchapters in Chapter 23.

Rule 23.32 is amended to add a clarifying definition for "public school" and to eliminate unnecessary definitions. The definition for "public school" is already the operational definition for the term and is included to further clarify that otherwise eligible teachers at both traditional public and public charter schools may participate in the program. The definition of "Board" is removed after being made duplicative by the inclusion of a definition for "Coordinating Board" in §23.1 (relating to Definitions) in the general provisions of this chapter. Provisions relating to the education loans of program applicants and participants similarly have been consolidated in §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter, making the definition of "default" in this subchapter unnecessary.

Rule 23.33 is amended to make non-substantive edits to improve clarity and readability. The section is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Reference to "individual" is changed to "applicant" to conform with usage in other subchapters in the chapter. Eligibility criteria are re-ordered for greater clarity, and the amended rule clarifies that an applicant must have taught full-time for one service period in the last academic year. None of these amendments deviate from current Coordinating Board practice.

Rule 23.34 is amended to clarify the prioritization of eligible applicants when funds are insufficient to offer loan repayment assistance to all eligible applicants. The section is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. The new subsection (b) does not change current prioritization policy but reflects a few clarifying edits to explain potential ambiguities in the current rule language.

Rule 23.35 is created to establish provisions related to the amount of loan repayment assistance available under the program. The new provisions codify the Coordinating Board's current practice of setting the maximum amount of loan repayment assistance annually based on available funding and the number of eligible applicants.

Rule 23.36 is amended to eliminate rule language related to disbursement of loan repayment assistance funds, which now are unnecessary following the creation of §23.3 (relating to Method of Disbursement) in the general provisions of the Chapter 23. The section is retitled to more accurately reflect the section's purpose and to conform with the consistent rule structure and naming convention throughout the chapter. Paragraph (2) codifies the Coordinating Board's practice that the amount of loan repayment assistance may not exceed unpaid principal and interest on an eligible education loan(s). This language is being added to the rules for all Coordinating Board loan repayment assistance programs.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the establishment of rules that more clearly articulate Coordinating Board policy and better align with rules governing the Coordinating Board's other loan repayment assistance programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The amendments and new section are proposed under Texas Education Code, Section 56.3575, which provides the Coordinating Board with the authority to adopt rules necessary for the administration of the Teach for Texas Loan Repayment Assistance Program.

The proposed amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.31.Authority and Purpose.

(a) Authority. Authority for this subchapter is provided in [~~the Chapter 56 of~~] the Texas Education Code, Chapter 56, Subchapter O, Teach for Texas Loan Repayment Assistance Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§56.351 - 56.359 [~~§56.352~~].

(b) Purpose. The purpose of the Teach for Texas Loan Repayment Assistance Program is to recruit and retain classroom teachers in communities and subjects for which there is an acute shortage of teachers in Texas.

§23.32.Definitions.

In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the [~~The~~] following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

~~[(1) Board--The Texas Higher Education Coordinating Board.]~~

(1) [~~(2)~~] Certified Educator--A person who has completed all requirements for a standard teaching certificate in the State of Texas. A person holding a probationary certificate, temporary classroom assignment permit, emergency permit, or a nonrenewable permit is not considered a certified educator. The term does not include a teacher's aide or a full-time administrator.

(2) Public School--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, Chapter 12.

~~[(3) Default--For purposes of this subchapter, a loan is considered in default if it is reduced to judgment.]~~

(3) [~~(4)~~] Service Period--A period of service of at least 9 months of a 12-month academic year.

(4) [~~(5)~~] Shortage Communities--Texas public schools identified annually by the Texas Commissioner of Education, or his/her designee, whose percentage of economically disadvantaged students is higher than the statewide average percentage of students receiving free or reduced cost lunches.

(5) [~~(6)~~] Shortage Teaching Fields--Subjects identified annually by the Texas Commissioner of Education, or his/her designee, as having a critical shortage of teachers.

(6) [~~(7)~~] Teaching full-time--Teaching at least four hours each day performing instructional duties as a full-time employee of a Texas public school district.

§23.33.Applicant Eligibility [~~Eligible Teacher~~].

To be eligible for loan repayment assistance, an applicant [~~individual~~] must:

[(1) be certified in a shortage teaching field, be currently teaching full time in that field at the time of application, and have taught in that field full time for at least one year at the preschool, primary, or secondary level in a Texas public school; or]

[(2) be a certified educator currently teaching in a shortage community full time at the time of application at the preschool, primary, or secondary level and have taught in that community full time for at least one year; and]

(1) [~~(3)~~] submit a completed application to the Coordinating Board by the stated deadline; and[.]

(2) be one of the following:

(A) a certified educator in a shortage teaching field, currently teaching full-time in that field at the time of the application, and have taught in that field full-time for one service period in the last academic year at the preschool, primary, or secondary level in a Texas public school; or

(B) a certified educator currently teaching full-time at the preschool, primary, or secondary level in a shortage community, and have taught in that community full-time for one service period in the last academic year.

§23.34.Applicant Ranking Priorities [~~Priorities of Application Acceptance and Ranking of Applications~~].

(a) [~~Renewal applications shall be given priority over first-time applications unless a break in service periods has occurred. Acceptance of initial applications will depend upon the availability of funds.~~] An application deadline will be established each year and published on the Coordinating Board's website. [~~Applications will be ranked according to the following criteria, in order of priority:~~]

~~[(1) Teaching in a shortage field while also teaching in a shortage community that has the most severe teacher shortages.]~~

~~[(2) Teaching any subject in a shortage community that has the most severe teacher shortages.]~~

~~[(3) Teaching in a shortage field while also teaching in a shortage community.]~~

~~[(4) Financial need based on the applicant's adjusted gross income as reported on the most recently filed federal income tax return.]~~

(b) If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, applications shall be ranked by the following criteria, in order of priority:

(1) Renewal applications, unless a break in service periods has occurred;

(2) Teaching in a shortage teaching field while also teaching in a shortage community, prioritizing the communities based on the highest degree of shortage;

(3) Teaching any subject in a shortage community, prioritizing the communities based on the highest degree of shortage;

(4) Teaching in a shortage teaching field in a non-shortage community; and

(5) Financial need based on the applicant's adjusted gross income as reported on the most recently filed federal income tax return.

§23.35.Amount of Loan Repayment Assistance.

Taking into consideration the amount of available funding and the number of eligible applicants, the Commissioner shall determine annually the maximum loan repayment assistance amount offered under this subchapter.

§23.36.Limitations [~~Repayment of Education Loans~~].

In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Teach for Texas Loan Repayment Assistance Program. [~~Eligible education loans shall be repaid under the following conditions:~~]

~~[(1) the annual repayment(s) shall be in one disbursement made payable to the holder(s) of the loan(s) or co-payable to the teacher and the holder(s) of the l~~

[(2) the Commissioner of Higher Education or his or her designee shall determine the maximum annual repayment amount in each fiscal year, taking into consideration the amount of available funding and the number of eligible applicants; and]

(1) [~~(3)~~] A [~~the~~] teacher shall not receive loan repayment assistance for more than five service periods [~~years~~].

(2) A teacher's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as described in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan).

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403091

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER B. TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §23.35

The Texas Higher Education Coordinating Board (Coordinating Board) proposes repeal of Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter B, §23.35, concerning the Teach for Texas Loan Repayment Assistance Program. Specifically, this repeal will eliminate a duplicative provision. The Coordinating Board is authorized to adopt rules as necessary to administer the program by Texas Education Code (TEC) §56.3575.

Rule 23.35 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and can be eliminated without affecting Coordinating Board operations.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity by eliminating a duplicative provision. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

Comments on the proposal may be submitted to Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Section 56.3575, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Teach for Texas Loan Repayment Assistance Program.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.35.Eligible Lender and Eligible Education Loan.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403092

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER C. [~~THE~~] PHYSICIAN EDUCATION LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §§23.62, 23.65 - 23.68, 23.70, 23.71

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter C, §§23.62, 23.65 - 23.68, 23.70, and 23.71, concerning the Physician Education Loan Repayment Assistance Program. Specifically, this amendment will align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules.

The Coordinating Board is authorized to establish rules as necessary to administer The Physician Education Loan Repayment Program under Texas Education Code (TEC), Section 61.537.

The subchapter is retitled to conform with the titles of the other subchapters in Chapter 23. Conforming changes to the program title are made throughout the subchapter, specifically in rules 23.62 and 23.71.

Rule 23.62 is amended to make nonsubstantive changes. The appropriate TEC chapter is added to the Authority section to conform with the structure of similar provisions in other subchapters.

Rule 23.65 is amended to eliminate unnecessary definitions and make nonsubstantive, clarifying changes to others. After the creation of a definition for "Coordinating Board" in §23.1 (relating to Definitions) in the general provisions for this chapter, the definition of "Board" in §23.65 is redundant, with all references to "Board" throughout the subchapter changed to "Coordinating Board." Definitions for "CHIP" and "Federally Qualified Health Center" are eliminated due to being used only once throughout the subchapter, and so have been incorporated contextually when they appear. No proposed changes to this rule will affect administration of the program.

Rule 23.66 is amended to simplify program eligibility rules so they more clearly reflect Coordinating Board practice. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program - prompting the Coordinating Board to encumber funds - and then, after completing a service period, becoming eligible for disbursement of those funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, the existing subsections (a) and (b), which related to these separate stages, have been combined. Further edits are made to clarify certain eligibility criteria, but the proposed rule changes will not change existing program requirements.

Rule 23.67 is amended to clarify how the Coordinating Board prioritizes disbursement in the event that available funds are insufficient to offer loan repayment assistance to all eligible applicants. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. The proposed changes are not intended to reflect a change in Coordinating Board policy; rather, they are proposed to improve the readability and clarity of the rule. Proposed changes clarify that previously used "highest degree of shortage" language associated with health professional shortage areas (HPSA) is established via the HPSA score of 1 to 25, with higher scores reflecting greater shortage. Subparagraph (3)(B) is clarified to establish that a "rural county" is a county with a population of less than 50,000 persons, which aligns with the Coordinating Board's operational definitions for rural HPSA in this program and "rural county" in other loan repayment programs.

Rule 23.68 is amended to make nonsubstantive edits to provisions related to physicians who establish eligibility for the program based on services to Medicaid or Texas Women's Health Program enrollees. Language in subsection (a) related to a written statement of intent to provide services is eliminated to align with the consolidation of the two-step eligibility process in §23.66. Changes to subsection (b) add detail to current practice related to the Coordinating Board's receipt of Medicaid HMO encounter data from the Health and Human Services Commission.

Rule 23.70 is amended to eliminate outdated provisions related to maximum loan repayment assistance amounts. Existing subsection (a) is eliminated; these provisions related only to individuals who established eligibility for the program before September 1, 2019. Because program eligibility is contingent on consecutive service periods, these provisions are no longer operative and can be eliminated. Conforming changes are made throughout the rule.

Rule 23.71 is amended to eliminate unnecessary provisions or potential ambiguities in the program's limitations. Former subsection (b), as with the provisions in §23.70, is outdated and can be eliminated without effect. Former subsection (d) simply restates the placement of physicians who qualify for the program via service to Medicaid or Texas Women's Health Program enrollees in the prioritization established in §23.67 and is therefore redundant. Existing subsection (e) is restated as paragraph (3) and clarifies current practice: Good cause for failing to meet program requirements can prevent removal from the program but not non-payment for the service period(s) in question. Subsection (f) was made redundant by the creation of §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of Chapter 23, and so can be eliminated without effect.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the establishment of rules that more clearly articulate Coordinating Board policy and better align with rules governing the Coordinating Board's other loan repayment assistance programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The amendment is proposed under Texas Education Code, Section 61.537, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Physician Education Loan Repayment Assistance Program.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.62.Authority And Purpose.

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter J, Repayment of Certain Physician Education Loans. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.531 - 61.540.

(b) Purpose. The primary purpose of the Physician Education Loan Repayment Assistance Program is to encourage qualified physicians to practice medicine in a health professional shortage area designated by the U. S. Department of Health and Human Services, and provide health care services to recipients under the medical assistance program authorized by the Texas Human Resources Code, Chapter 32, and to enrollees under the child health plan program authorized by the Texas Health and Safety Code, Chapter 62.

§23.65.Definitions.

~~[(1) Board--The Texas Higher Education Coordinating Board.]~~

~~[(2) CHIP--The Children's Health Insurance Program, authorized by the Texas Health and Safety Code, Chapter 62.]~~

~~[(3) DSHS--The Texas Department of State Health Services.]~~

~~[(4) Federally Qualified Health Center--Any entity in Texas defined under 42 USC §1396d (l)(2)(B).]~~

(1) [~~(5)~~] Full-time Service--An average of at least thirty-two [32] hours of direct patient care per week during the service period at the practice site.

(2) [~~(6)~~] HPSAs--Health Professional Shortage Areas (HPSAs) are designated by the U. S. Department of Health and Human Services (HHS) as having shortages of primary medical care, dental or mental health providers and may be geographic (a county or service area), demographic (low income population) or institutional (comprehensive health center, federally qualified health center, as defined under 42 USC §1396d (l)(2)(B), or other public facility). Designations meet the requirements of Sec. 332 of the Public Health Service Act, 90 Stat. 2270-2272 (42 U.S.C. 254e). [~~Texas HPSAs are recommended for designation by HHS based on analysis of data by DSHS.~~]

(3) [~~(7)~~] Medicaid--The medical assistance program authorized by Chapter 32, Human Resources Code.

(4) [~~(8)~~] NPI--National Provider Identifier; the Health Insurance Portability and Accountability Act (HIPAA) Administrative Simplification Standard unique identification number for covered health care providers. Covered health care providers and all health plans and health care clearinghouses must use the NPIs in the administrative and financial transactions adopted under HIPAA.

(5) [~~(9)~~] Primary Care Physician--Physicians practicing family medicine, family practice, general practice, obstetrics/gynecology, general internal medicine, general pediatrics, combined internal medicine and pediatrics (medicine-pediatrics) in an outpatient setting, psychiatry, or geriatrics. With the exception of psychiatrists and geriatricians, physicians must provide services in an outpatient setting to be considered primary care.

(6) [~~(10)~~] Program--The Physician Education Loan Repayment Assistance Program.

(7) [~~(11)~~] Rural HPSA--A HPSA-designated whole county with a [~~whose~~] population of [is] less than 50,000 persons or a HPSA-designated facility or population group located in a county with a [~~whose~~] population of [is] less than 50,000 persons.

(8) [~~(12)~~] Service Period--A period of twelve [12] consecutive months qualifying a physician for loan repayment.

(9) [~~(13)~~] Texas Women's Health Program--The program authorized by Health and Safety Code, §31.002(a)(4)(C) and (H), §31.003, and §31.004, which provides primary health care services, including family planning services and health screenings, at no cost to eligible low-income women; administered by the Texas Health and Human Services Commission.

(10) [~~(14)~~] TMHP--Texas Medicaid and Healthcare Partnership; the entity that administers Texas Medicaid and other state health-care programs on behalf of the Texas Health and Human Services Commission.

(11) [~~(15)~~] TPI--Texas Provider Identifier; the number Managed Care Medicaid Providers must use when filing claims with the Texas Medicaid and Healthcare Partnership (TMHP), for payment of services rendered.

§23.66.Applicant Eligibility.

[~~(a)~~] To be eligible for loan repayment assistance, [~~the Board to reserve loan repayment funds,~~] an applicant [~~a physician~~] must:

(1) submit a [~~ensure that the Board or its designee has received the~~] completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;

(2) be a U.S. citizen or a Legal Permanent Resident; [~~and, at the time of application, hold a Full Physician License from the Texas Medical Board, with no restriction;~~]

(3) at the time of application, hold a Full Physician License from the Texas Medical Board, with no restrictions;

(4) [~~(3)~~] not be in postgraduate training, including fellowship;

~~[(4) not be currently fulfilling another obligation to provide medical services as part of a scholarship agreement, a student loan agreement, or another student loan repayment agreement;]~~

~~[(5) at the time of the initial application, if the physician has not earned and maintained board certification, be eligible to take the exam for board certification from:]~~

~~[(A) an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists in a primary care specialty; or]~~

~~[(B) an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists.]~~

~~[(6) in the case of physicians qualifying on the basis of practice in a HPSA, agree to provide four consecutive service periods in a HPSA.]~~

[~~(b)~~] [~~To be eligible to receive loan repayment assistance, a physician must:~~]

(5) [~~(1)~~] have completed one, two, three, or four consecutive service periods in a:

(A) HPSA, serving persons who are:

(i) enrolled in Medicaid or the Children's Health Insurance Program [~~CHIP~~] or both;

(ii) uninsured; and

(iii) enrolled in Medicare, except in the case of pediatricians.

(B) secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor, or

(C) location other than a HPSA, if the physician practices primary (outpatient) care and during the service period has provided health care services to a designated number of Medicaid or Texas Women's Health Program enrollees, established in the Board's Memorandum of Understanding with the Texas Health and Human Services Commission and posted on the program web page; [.]

(6) for loan repayment assistance based on the first service period, if the applicant has not earned and maintained board certification, be eligible to take the exam for board certification from an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists; and

(7) [~~(2)~~] for loan repayment based on the fourth service period, have earned certification from an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists [~~in a primary care specialty, or in a specialty other than primary care if the practice is located in a HPSA~~].

§23.67.Applicant [~~Application~~] Ranking Priorities [~~Criteria~~].

(a) Application deadlines will be established throughout the fiscal year and will be posted on the program web page. [Primary care physicians practicing in HPSAs whose initial applications have been approved are considered to be enrolled in the program. Applications from all other physicians are considered annually. If there are not sufficient funds to offer loan repayment assistance for all eligible physicians whose applications are received by the stated deadline, applications shall be ranked according to the following criteria, in priority order:]

(b) If there are not sufficient funds to offer loan repayment assistance for all eligible physicians whose applications are received by the stated deadline, applications shall be ranked according to the following criteria, in priority order:

(1) the first ten applications received each year from eligible physicians serving persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or persons confined to a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;

(2) [~~(1)~~] applications from physicians practicing in HPSAs, in the following priority order:

(A) renewal applications from primary care physicians practicing in HPSAs;

(B) applications from primary care physicians practicing in rural HPSAs, prioritizing higher HPSA scores;

(C) applications from primary care physicians practicing in non-rural HPSAs, prioritizing higher HPSA scores [~~areas whose HPSA scores reflect the highest degrees of shortage~~];

(D) [~~(2)~~] renewal applications from non-primary care physicians practicing in HPSAs;

(E) [~~(3)~~] [~~initial~~] applications from non-primary care physicians practicing in rural HPSAs, prioritizing higher HPSA scores;

(F) applications from non-primary care physicians practicing in non-rural HPSAs, prioritizing higher HPSA scores;

[~~(b)~~] [the first ten applications received each year from eligible physicians serving persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or persons confined to a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;]

(3) [~~(c)~~] applications from primary care physicians who have provided outpatient health care services to a designated number of Medicaid or Texas Women's Health Program enrollees, as established annually by methods outlined in the Coordinating Board's Memorandum of Understanding with the Texas Health and Human Services Commission, in the following order of priority:

(A) [~~(1)~~] renewal applications;

(B) [~~(2)~~] applications from physicians practicing in a [~~rural~~] county with a population of less than 50,000 persons;

(D) [~~(4)~~] applications from physicians having the greatest amount of student loan debt.

§23.68.Applications Based on Services to Medicaid or Texas Women's Health Program Enrollees.

(a) The Coordinating Board [~~board~~] may hold an application for consideration until the end of the fiscal year if funds are available [~~, upon receipt of a physician's written statement of intent to provide the required Medicaid or Texas Women's Health Program service levels during the anticipated year of service~~].

(b) The source of data to be used in determining required service levels will be Medicaid HMO encounter data provided by the Health and Human Services Commission.

(c) The method for determining required service levels will be stated in the Coordinating Board's [~~board's~~] Memorandum of Understanding with the Texas Health and Human Services Commission. Required service levels will be based on the Medicaid Managed Care client counts statewide for each eligible primary care specialty, including obstetrics/gynecology and geriatrics, over a period of one year, thus taking into account variations among these specialties in the number of unduplicated clients.

(d) Any physician applying for loan repayment assistance on the basis of services to Medicaid or Texas Women's Health Program enrollees must use his/her own TPI or NPI and must be the rendering physician for claims/encounters submitted to Texas Medicaid Health Partner (TMHP).

(e) If the administrative data provided by TMHP for the physician's TPI or NPI do not confirm that the physician met the required service levels during the year of service following the application date, the physician must submit a Claims Affidavit and specified data from the clinic's internal billing system, in the format requested by the Coordinating Board [~~board~~] for review by the HHSC, to receive further consideration for loan repayment assistance.

§23.70.Amount of Repayment Assistance.

[(a) A physician who first established eligibility for the program based on an application submitted before September 1, 2019, and whose total student loan indebtedness is at least $160,000 may receive repayment assistance based on full-time service for the following amounts:]

~~[(1) for the first service period, $25,000;]~~

~~[(2) for the second service period, $35,000;]~~

~~[(3) for the third service period, $45,000;]~~

~~[(4) for the fourth service period, $55,000.]~~

[(b) If a physician first established eligibility for the program based on an application submitted before September 1, 2019, with total student loan indebtedness less than $160,000, the annual loan repayment amounts based on full-time service will be the amounts required to repay the indebtedness over a period of four years, with annual increases that are proportional to the annual increases for physicians whose student loan indebtedness is at least $160,000.]

(a) [~~(c)~~] A physician [~~who first established eligibility for the program based on an application submitted on or after September 1, 2019, and~~] whose total student-loan indebtedness is at least $180,000 when the physician first establishes eligibility for the program [,] may receive loan repayment assistance based on full-time service for the following amounts:

(1) for the first service period, $30,000;

(2) for the second service period, $40,000;

(3) for the third service period, $50,000;

(4) for the fourth service period, $60,000.

(b) [~~(d)~~] A [~~If a~~] physician whose [~~first established eligibility for the program based on an application submitted on or after September 1, 2019, with~~] total student-loan indebtedness is less than $180,000 when the physician first establishes eligibility for the program may receive loan repayment assistance [~~, the annual loan repayment amounts~~] based on full-time service for [~~will be~~] the amounts required to repay the indebtedness over a period of four years, with annual increases that are proportional to the annual increases for physicians whose student loan indebtedness is at least $180,000.

(c) [~~(e)~~] A physician may receive prorated loan repayment assistance based on the percentage of full-time service provided for each service period, if providing direct patient care for a minimum of 20 hours per week for each service period.

§23.71.Limitations.

(1) [~~(a)~~] Repayment assistance to a physician is limited to four service periods [~~of service~~].

~~[(b) The total amounts of repayment assistance to a physician who first established eligibility for the program based on an application submitted before September 1, 2019, is limited to $160,000.]~~

(2) [~~(c)~~] The total amount of repayment assistance to a physician [~~who first established eligibility for the program based on an application submitted on or after September 1, 2019,~~] is limited to $180,000 and may not exceed the unpaid principal and interest owed on one or more eligible education loans, as described in rule §23.2 of this chapter.

(3) Failure to meet the program requirements will result in non-payment for the applicable service period(s) and, except under circumstances determined by the Coordinating Board to constitute good cause, removal from the program.

[(d) Applications from physicians who establish eligibility under §21.255(b)(1)(C) of this title (relating to Eligibility) will be considered only if funds are available after financial commitments for the fiscal year have been made to physicians practicing in HPSAs and secure correctional facilities.]

[(e) Except under circumstances determined by the Board and DSHS to constitute good cause, failure to meet the program requirements will result in non-payment for that service period and removal from the program. Additionally, providers who do not meet the requirements will be ineligible to apply for other loan repayment programs in Texas. Physicians practicing in HPSAs will be released from the agreement to provide four years of eligible service for any year for which loan repayment funds are not available.]

[(f) A physician may not receive loan repayment assistance under both Texas Education Code, §61.531 and any other loan repayment program, including Texas Government Code, §510.156 relating to funds appropriated for purposes of correctional managed health care, or repayment assistance provided by the physician's employer while the physician is participating in the program.]

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403093

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER C. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §§23.63, 23.64, 23.69, 23.72, 23.73

The Texas Higher Education Coordinating Board (Coordinating Board) proposes repeal of Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter C, §§23.63, 23.64, 23.69, 23.72, and 23.73, concerning The Physician Education Loan Repayment Program. Specifically, this repeal will eliminate rules that have been determined to be unnecessary to the Coordinating Board's operations or duplicative with the General Provisions adopted in Chapter 23, Subchapter A, in July 2024.

The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), Section 61.537.

Rule 23.63 is repealed. The rule's primary purpose is to authorize the Coordinating Board to enter into a memorandum of understanding with the Department of State Health Services. This provision is unnecessary to the administration of the program, and its elimination will not affect Coordinating Board operations.

Rule 23.64 is repealed. The rule directs the Coordinating Board to disseminate information about the program to interested parties, including health-related institutions of higher education, appropriate state agencies, interested professional associations and the public. Outreach to relevant stakeholders is crucial for the success of this and similar programs, but the inclusion of this rule is unnecessary to the administration of the program. Its elimination will not affect Coordinating Board operations.

Rule 23.69 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and can be eliminated without affecting Coordinating Board operations.

Rule 23.72 is repealed. The provisions of this rule have been incorporated into rule §23.3 (relating to Method of Disbursement) in the general provisions of this chapter. Accordingly, this section is duplicative and can be eliminated without affecting Coordinating Board operations.

Rule 23.73 is repealed. The reporting and data collection requirements contained within the rule relate to the Coordinating Board's compliance with an appropriations rider related to the program, most recently Rider 51 (page III-67) within the Coordinating Board's section of the General Appropriations Act (H.B. 1), 88th Texas Legislature, Regular Session. The Coordinating Board has determined that it can continue to meet the requirements of this rider without the rule, which is otherwise unnecessary to the administration of the program. Its elimination will not affect Coordinating Board operations.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved clarity and consistency by eliminating unnecessary or duplicative provisions. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 61.537, which provides the Coordinating Board with the authority to adopt rules as necessary for the administration of The Physician Education Loan Repayment Program.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.63.Administration.

§23.64.Dissemination of Information.

§23.69.Eligible Lender and Eligible Education Loan.

§23.72.Disbursement of Loan Repayment Assistance.

§23.73.Reporting and Data Collection.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403094

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER D. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS

19 TAC §§23.95, 23.98, 23.99, 23.101

The Texas Higher Education Coordinating Board (Coordinating Board) proposes repeal of Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter D, §§23.95, 23.98, 23.99, and 23.101, concerning the Loan Repayment Program for Mental Health Professionals. Specifically, this repeal will consolidate provisions into other rules to better reflect Coordinating Board practices or eliminate rules that are duplicative with the General Provisions adopted in Chapter 23, Subchapter A, in July 2024.

The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), Section 61.608.

Rule 23.95 is repealed. The eligible practice specialties delineated in this section will be incorporated into rule §23.96 (relating to Applicant Eligibility).

Rule 23.98 is repealed. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program and then, after completing a service period, becoming eligible for disbursement of funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, the relevant provisions of this rule will be incorporated into rule §23.96 (related to Applicant Eligibility), and this section can be repealed without effect.

Rule 23.99 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and can be eliminated without affecting Coordinating Board operations.

Rule 23.101 is repealed. The rule directs the Coordinating Board to disseminate information about the program to interested parties, including institutions of higher education, appropriate state agencies, and interested professional associations. Outreach to relevant stakeholders is crucial for the success of this and similar 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 program. Its elimination will not affect Coordinating Board operations.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be improved rule clarity and consistency and eliminating unnecessary or duplicative provisions. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 61.608, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Loan Repayment Program for Mental Health Professionals.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.95.Eligible Practice Specialties.

§23.98.Eligibility for Disbursement of Loan Repayment Assistance.

§23.99.Eligible Lender and Eligible Education Loan.

§23.101.Dissemination of Information.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403096

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER H. PEACE OFFICER LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §§23.209 - 23.212, 23.215, 23.216

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments and new rules in Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter H, §§23.209 - 23.212, 23.215, and 23.216, concerning the Peace Officer Loan Repayment Assistance Program. Specifically, this amendment will align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules. The new section will consolidate program limitations into a single rule.

The Coordinating Board is authorized to establish rules as necessary to administer the Peace Officer Loan Repayment Program under Texas Education Code (TEC), Section 61.9959.

Rule 23.209 is amended to make nonsubstantive changes to the program's purpose statement. Because eligibility for the program is established after the first service period, the statement is rephrased to "maintain" - rather than "agree to continued" - employment, and the phrase "for a specified period" is removed because program eligibility is not tied to a specific number of consecutive periods of service.

Rule 23.210 is amended to eliminate two unnecessary definitions and make one clarifying edit to an existing definition. After the creation of a definition for "Coordinating Board" in §23.1 (relating to Definitions) in the general provisions for this chapter, the definition of "Board" in §23.210 is redundant, with all references to "Board" throughout the subchapter changed to "Coordinating Board." The term "full-time" is used only once in the substantive portions of the subchapter, and so the definition has been incorporated contextually when it appears. The definition for "eligible institution" is clarified to use the full term, "institution of higher education" in reference to both public and private institutions to more closely reflect the statutory definition referenced in rule. The substance of the definition is unchanged.

Rule 23.211 is amended to clarify program eligibility rules so they more clearly reflect Coordinating Board practice. To align with other subchapters in Chapter 23, participants in the program are referred to as "applicants" before establishing eligibility and by their profession thereafter - in this case, "peace officers." Employer verification, currently included as an element of the submitted application in subparagraph (2)(A), is moved to paragraph (3), reflecting that it is a distinct part of the eligibility process and not part of the application itself. The new subparagraph (2)(B) consolidates renewal applications - previously located in repealed §23.213(b) (relating to Eligibility for Disbursement of Loan Repayment Assistance) into the overall eligibility section. The required statements in existing subparagraphs (2)(E) and (F) reflect an outdated version of the application submitted to the Coordinating Board for this program and are eliminated to reflect current practice and better align to the statutory requirements for eligibility.

Rule 23.212 is amended to clarify how the Coordinating Board prioritizes disbursement in the event that available funds are insufficient to offer loan repayment assistance to all eligible applicants. Existing subsections (b) and (c) are consolidated and rewritten for clarity; the substance of these provisions is unchanged.

Rule 23.215 is amended to relocate provisions to the new §23.216 (relating to provisions) and make nonsubstantive edits.

Rule 23.216 is created to consolidate program limitations previously included in §23.215 (related to Amount of Repayment Assistance). Paragraph (2) is the reconstituted §23.215(b) but is modified slightly by codifying the Coordinating Board's current practice that loan repayment assistance amounts may never exceed unpaid principal and interest owed on eligible education loans.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be establishing rules that more clearly articulate Coordinating Board policy and better align with rules governing the Coordinating Board's other loan repayment assistance programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The amendments and new section are proposed under Texas Education Code, Section 61.9959, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Peace Officer Loan Repayment Assistance Program.

The proposed amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.209.Authority and Purpose.

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter [~~Chapter~~] 61, subchapter [~~Subchapter~~] NN, Peace Officer Loan Repayment Assistance Program. These rules establish procedures to administer the subchapter as prescribed in Texas Education Code, §§61.9951 - 61.9959.

(b) Purpose. The primary purpose of the Peace Officer Loan Repayment Assistance Program is to provide assistance with the repayment of eligible student loans for qualifying peace officers who maintain [~~agree to continued~~] full-time employment in Texas as peace officers [~~for a specified period~~].

§23.210.Definitions.

~~[(1) Board--The Texas Higher Education Coordinating Board.]~~

(1) [~~(2)~~] Eligible Institution--A Texas public institution of higher education or private or independent institution of higher education, as defined in the Texas Education Code, §61.003.

~~[(3) Full-time--Employed full-time (at least 40 hours per week for a minimum of 45 weeks per year) as an eligible peace officer.]~~

(2) [~~(4)~~] Peace Officer--The meaning assigned by Article 2.12, Texas Code of Criminal Procedure.

(3) [~~(5)~~] Program--Peace Officer Loan Repayment Assistance Program.

(4) [~~(6)~~] Service Period--A period of twelve [12] consecutive months qualifying a peace officer for loan repayment assistance.

§23.211.Applicant [~~Initial~~] Eligibility.

To be eligible to receive [~~for the Board to approve an initial application for enrollment in the program and for~~] loan repayment assistance funds, an applicant [~~a peace officer~~] must:

(1) have been initially appointed as a peace officer on or after September 1, 2019;

(2) submit to the Coordinating Board by the published deadline:

[~~(2)~~] [~~submit to the Board by the published deadline an initial application for enrollment in the program that requires:~~]

(A) an initial application for enrollment in the program that requires:

[~~(A)~~] [~~employer verification of the person's employment as a full-time peace officer in Texas for at least one year and the person's current full-time employment in Texas as of the date of the application;~~]

(i) [~~(B)~~] documentation of the applicant's [~~peace officer's~~] unrestricted license as a peace officer;

(ii) [~~(C)~~] a transcript of the applicant's [~~person's~~] postsecondary course work demonstrating at least 60 semester credit hours, or the equivalent, earned at an eligible institution before the person's initial appointment as a peace officer; and

(iii) [~~(D)~~] a statement of the total amount of principal, accrued interest, fees, and other charges due on unpaid eligible education loans, as defined by §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), obtained for attendance at an eligible institution for a semester or other term that ended in the five years immediately preceding the applicant's [~~person's~~] initial appointment as a peace officer; or

(B) for applicants who have received loan repayment assistance for at least one service period, a completed end-of-service period application for payment; and

(3) be verified by the applicant's employer as having been employed for at least one service period, and as currently employed, as a full-time (at least forty hours per week for a minimum of forty-five weeks per year) peace officer in Texas as of the date of the application.

[(E) a statement that the peace officer will submit to the Board an application for payment immediately upon completion of each year of service for which the peace officer is applying for repayment assistance; and]

~~[(F) a statement that the individual agrees to continuous full-time employment as a peace officer in this state for four additional consecutive years after the date of the initial application.]~~

§23.212.Applicant Ranking Priorities [~~Selection of Eligible Applicants~~].

(a) Each fiscal year an application deadline will be posted on the program web page.

(b) If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, applications shall be ranked by the following criteria, in order of priority:

(1) renewal applications, unless a break in service period has occurred; and

(2) all other applications, based on the date of submission.

~~[(b) In the initial year of the program, applications will be selected on a first-come-first-served basis until funds are no longer available.]~~

~~[(c) After the initial program year, priority will be given to prior year recipients, and initial applications will be selected on a first-come-first-served basis until funds are no longer available.]~~

§23.215.Amount of Repayment Assistance.

~~[(a) Loan repayment awards will be disbursed directly to lenders on behalf of eligible peace officers.]~~

~~[(b) The maximum amount of loan repayment assistance that a peace officer may receive over a period of five consecutive years is $20,000.]~~

(a) [~~(c)~~] The annual amount of loan repayment assistance that a peace officer may receive for each service period is the lesser of $4,000 or 20 percent of the total unpaid eligible education loan balance verified at the time of the initial application, unless the payoff period for the peace officer's [~~person's~~] total unpaid eligible loan balance is fewer than five years.

(b) [~~(d)~~] If the payoff period for the peace officer's [~~person's~~] total unpaid eligible loan balance is fewer than five years, the loan repayment assistance [~~award~~] amount will be the total amount of the scheduled payments due to the holder(s) of the eligible loans for the applicable year.

(c) [~~(e)~~] Loan repayment assistance grants [~~awards~~] are contingent on available funding. If in any year the amount of money available for loan repayment assistance is insufficient to offer [~~award~~] the maximum annual loan repayment assistance [~~award~~] amount to all eligible applicants, the Coordinating Board may reduce award amounts to assist a greater number of peace officers.

§23.216.Limitations.

(1) A peace officer may not receive loan repayment assistance through the program for more than five service periods.

(2) The maximum amount of loan repayment assistance that a peace officer may receive through this program is $20,000 and may not exceed the unpaid principal and interest owed on one or more eligible education loans, as defined in §23.2 of this chapter.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403097

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

19 TAC §§23.213, 23.214, 23.216

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter H, §§23.213, 23.214, and 23.216, concerning the Peace Officer Loan Repayment Assistance Program. Specifically, this repeal will eliminate rules that have been determined to be unnecessary to the Coordinating Board's operations or duplicative of the General Provisions adopted in Chapter 23, Subchapter A, in July 2024.

The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), §61.9959.

Rule 23.213 is repealed. The provisions contained within this section will be consolidated into other rules to allow the structure of this subchapter to align with others in Chapter 23. Specifically, subsection (a) will be moved to new rule §23.216 (relating to Limitations), and subsection (b) will be moved to rule §23.211 (relating to Applicant Eligibility).

Rule 23.214 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and can be eliminated without affecting Coordinating Board operations.

Rule 23.216 is repealed. The section's only provision is a requirement for the Coordinating Board to post a link to adopted rules for this program and other program materials on its website. This requirement is duplicative of TEC, §61.9959(b), and, although public outreach and education regarding the Coordinating Board's programmatic offerings are key to the success of this and similar programs, the rule itself is unnecessary to the administration of the program. Its elimination will not affect Coordinating Board operations.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved clarity and consistency by eliminating unnecessary or duplicative provisions. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 61.9959, which provides the Coordinating Board with the authority to adopt rules necessary for the administration of the Peace Officer Loan Repayment Assistance Program.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.213.Eligibility for Disbursement of Loan Repayment Assistance. §23.214.Eligible Lender and Eligible Education Loan.

§23.216.Rules.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403098

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

SUBCHAPTER J. MATH AND SCIENCE SCHOLARS LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §§23.286 - 23.289, 23.293 - 23.295

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments and new section in Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter J, §§23.286 - 23.289 and 23.293 - 23.295, concerning the Math and Science Scholars Loan Repayment Assistance Program. Specifically, the amendments and new section will align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules, and the new section will consolidate provisions specific to persons who established eligibility for the program prior to September 1, 2023.

The Coordinating Board is authorized to establish rules as necessary to administer the Math & Science Scholars Loan Repayment Program under Texas Education Code (TEC), Section 61.9840.

The subchapter is retitled to conform with the titles of the other subchapters in Chapter 23. Conforming changes to the program title are made throughout the subchapter.

Rule 23.286 is amended to align the subchapter's authority statement with that of other subchapters in Chapter 23. The purpose statement is revised to avoid any potential confusion related to the required length of service, which is included in the rules related to eligibility.

Rule 23.287 is amended to eliminate two unnecessary definitions and codify the Coordinating Board's existing operational definition for "public school" for this program. The terms "Commissioner" and "Coordinating Board" are defined in §23.1 (related to Definitions) in the general provisions of this chapter and are therefore duplicative in this rule. The term "employment service period" is changed to "service period" to align with usage in this subchapter and with other subchapters in Chapter 23. The definition for "public school" in paragraph (2) already is the operational definition for the term and is included to further clarify that otherwise eligible teachers employed at either traditional public or public charter schools may participate in the program.

Rule 23.288 is amended to simplify program eligibility rules so they more clearly reflect Coordinating Board practice. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program and then, after completing a service period, becoming eligible for disbursement of funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, the former subsection (b) and repealed §23.291 are combined into the new eligibility criteria, with conforming changes made throughout the rule to make the consolidation fit logically. The existing subsection (a) is relocated to the new §23.295 (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023). New paragraph (3) now includes clarifying language that the Coordinating Board will specify the eligible majors biennially that constitute "an undergraduate or graduate program in mathematics or science" to alleviate confusion for potential applicants. Overall, eligibility criteria for the program remain unchanged.

Rule 23.289 is amended to clarify the means by which the Coordinating Board will rank applications in the event that funds available are insufficient to offer loan repayment to all eligible applicants. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Subsections (a) and (b) are combined, along with a number of nonsubstantive edits for clarity. The prioritization process remains unchanged.

Rule 23.293 is amended to eliminate or relocate provisions to better align with other subchapters in Chapter 23. The rule is retitled to reflect its remaining provision: setting the annual amount of repayment assistance offered to eligible applicants. Subsection (a) is duplicative with §23.3 (relating to Method of Disbursement) and is eliminated. Subsection (c) is relocated to §23.295 (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023). Subsection (d) is relocated to §23.294 (relating to Limitations).

Rule 23.294 is amended to consolidate various program limitations that were previously dispersed throughout the subchapter in a single rule. Paragraph (a)(3) is the reconstituted §23.293(d). Paragraph (a)(4) codifies the existing Coordinating Board practice of not offering an amount of loan repayment assistance that exceeds the unpaid principal and interest on an eligible education loan. Subsection (b) is the reconstituted §23.290(b).

Rule 23.295 is created to consolidate provisions affecting persons who established eligibility for the program prior to September 1, 2023. Subsection (a) is the reconstituted and combined §23.288(a) and §23.291(a), and subsection (b) is the reconstituted §23.290(a).

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the establishment of rules that more clearly articulate Coordinating Board policy and better align with rules governing the Coordinating Board's other loan repayment assistance programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The amendments and new section are proposed under Texas Education Code, Section 61.9840, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Math & Science Scholars Loan Repayment Program.

The proposed amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.286.Authority and Purpose.

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter KK, Math and Science Scholars Loan Repayment Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.9831 - 61.9841.

(b) Purpose. The purpose of the Math and Science Scholars Loan Repayment Assistance Program is to encourage teachers, who demonstrated high academic achievement as math or science majors, to teach math or science in Texas public schools [~~for eight years, the first four of which are required~~].

§23.287.Definitions.

~~[(1) Commissioner--The Commissioner of Higher Education.]~~

~~[(2) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board and its staff.]~~

~~[(3) Employment Service Period--A period of at least 9 months of a 12-month academic year.]~~

(1) [~~(4)~~] Program--The Math and Science Scholars Loan Repayment Assistance Program.

(2) Public School--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, chapter 12.

(3) Service Period--A period of at least nine months of a twelve-month academic year.

(4) [~~(5)~~] Title I School [~~school~~]--Texas public schools that receive federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. §6301 et seq.).

§23.288.Applicant Eligibility [~~for Enrollment in the Program~~].

~~[(a) To be eligible for the Coordinating Board to conditionally approve an application and encumber loan repayment funds, a teacher who first applies for the Program prior to September 1, 2023, must:]~~

[(1) ensure that the Coordinating Board has received the completed enrollment application and transcripts of the applicant's postsecondary coursework, and any other requested documents, by the established deadline posted on the Program web page;]

~~[(2) be a U.S. citizen;]~~

~~[(3) have completed an undergraduate or graduate program in mathematics or science;]~~

~~[(4) have earned a cumulative GPA of at least 3.0 on a four-point scale, or the equivalent, at the institution from which the teacher graduated;]~~

~~[(5) be certified under the Texas Education Code, Subchapter B, Chapter 21, or under a probationary teaching certificate, to teach mathematics or science in a Texas public school;]~~

~~[(6) have secured an employment contract as a full-time classroom teacher to teach mathematics or science in a Title I school at the time of application for enrollment in the Program;]~~

[(7) not receive any other state or federal loan repayment assistance, including a Teacher Education Assistance for College and Higher Education (TEACH) Grant or teacher loan forgiveness for the loan(s) that the applicant is seeking to be repaid;]

~~[(8) not be in default on any education loan; and]~~

~~[(9) enter into an agreement with the Coordinating Board that includes the provisions stated in subsection (b) of this section.]~~

~~[(b) The agreement with the Coordinating Board made prior to September 1, 2023, must include the following provisions:]~~

[(1) the applicant will accept an offer of continued employment to teach mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a Title I school, for four consecutive years, beginning with the school year that has recently begun or the upcoming school year at the time of the application for enrollment in the Program;]

[(2) the applicant may complete up to four additional consecutive school years teaching mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in any Texas public school, beginning with the school year immediately following the last of the four consecutive school years described by paragraph (1) of this subsection; and]

[(3) the applicant understands that loan repayment awards are contingent on available funding received, the Coordinating Board may make a financial commitment only based on funds that have been appropriated for each two-year state budget period, and the teacher will be released from the teaching obligation for any year of employment for which funds are not available.]

[~~(c)~~] To be eligible to receive [~~for the Coordinating Board to conditionally approve an application and encumber~~] loan repayment assistance funds, an applicant [~~a teacher who first applies for the Program on or after September 1, 2023,~~] must:

(1) submit a [~~ensure that the Coordinating Board has received the~~] completed [~~enrollment~~] application, including [~~and~~] transcripts of the applicant's postsecondary coursework[,] and any other requested documents, to the Coordinating Board by the established deadline posted on the Program web page;

(2) be a U.S. citizen;

(3) have completed an undergraduate or graduate program in mathematics or science (a list of eligible majors will be posted on the Coordinating Board's website and reviewed at least once per biennium);

(4) have earned a cumulative GPA of at least 3.0 on a four-point scale, or the equivalent, at the institution from which the teacher graduated;

(5) be certified under the Texas Education Code, chapter 21, subchapter B, [~~or under a probationary teaching certificate,~~] to teach mathematics or science in a Texas public school;

(6) have been employed as a full-time classroom teacher teaching mathematics or science in a public school for one to eight consecutive service periods, unless a break in service periods has occurred as a result of the circumstances described in §23.294(b) of this subchapter (relating to Limitations); and [~~secured an employment contract as a full-time classroom teacher to teach mathematics or science in a public school at the time of application for enrollment in the Program;~~]

~~[(8) not be in default on any education loan; and]~~

(7) [~~(9)~~] enter into an agreement or have an agreement on file with the Coordinating Board that includes the following provisions: [~~stated in subsection (d) of this section.~~]

(A) [~~(1)~~] the applicant has accepted [~~will accept~~] an offer of continued employment to teach mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a [~~any~~] public school, for four consecutive years, beginning with the previous school year [~~that has recently begun or the upcoming school year at the time of the application for enrollment in the Program~~];

(B) [~~(2)~~] the applicant may complete up to four additional consecutive school years teaching mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a [~~any Texas~~] public school, beginning with the school year immediately following the last of the four consecutive school years described by subparagraph (A) [~~paragraph (1)~~] of this paragraph [~~subsection~~]; and

(C) [~~(3)~~] the applicant understands that loan repayment assistance grants [~~awards~~] are contingent on available funding received, that the Coordinating Board may make a financial commitment only based on funds that have been appropriated for each two-year state budget period, and that the applicant [~~teacher~~] will be released from the teaching obligation for any year of employment for which funds are not available.

~~[(d) The agreement with the Coordinating Board made on or after September 1, 2023, must include the following provisions:]~~

§23.289.Applicant [~~Application~~ ] Ranking Priorities.

[(a) Renewal applicants shall be given priority over first-time applicants unless a break in Employment Service Periods has occurred as a result of the circumstances described in §21.2025 of this title (relating to Exceptions to Consecutive Years of Employment Requirement)].

[~~(b)~~] If there are not sufficient funds to offer loan repayment assistance to [~~encumber awards for~~] all eligible applicants [~~for enrollment in the Program~~], applications shall be ranked [~~according to a cumulative ranking system developed~~] by the following criteria, in order of priority [~~Coordinating Board based on~~]:

(1) Renewal applications, unless a break in service periods has occurred, except as provided by §23.294(b) of this subchapter (relating to Limitations);

(2) [~~(1)~~] applications from teachers with the greatest number of mathematics and science courses completed [~~by the applicants~~];

(3) [~~(2)~~] applications from teachers with the highest grades [~~grade~~] received in mathematics and science [~~by each applicant for each of those~~] courses; and

(4) [~~(3)~~] applications from teachers employed [~~employment~~] at schools with [~~having~~] the highest percentages of students who are eligible for free or reduced cost lunches.

§23.293.[~~Disbursement of Repayment Assistance and Award~~] Amount of Repayment Assistance.

~~[(a) The annual repayment(s) shall be in one disbursement made payable to the servicer(s) or holder(s) of the loan upon the teacher's completion of each year of qualifying employment.]~~

[~~(b)~~] The Commissioner [~~or his or her designee~~] shall determine the maximum annual loan repayment assistance amount in each state fiscal year, taking into consideration the amount of available funding and the number of eligible applicants.

[(c) A teacher who transfers to a Texas public school that is not a Title I school after completing four consecutive years of employment at a Title I school may qualify for no more than 75% of the annual award amount established for the fiscal year. This award limitation is applicable only to a teacher who applies for the Program prior to September 1, 2023.]

[(d) A teacher who applies for the Program on or after September 1, 2023, may continue to receive the same amount of loan repayment assistance provided during the first four years of teaching service in subsequent years, not to exceed eight years in the Program.]

§23.294.Limitations.

(a) Limitations. In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Math and Science Scholars Loan Repayment Assistance Program.

(1) [~~(a)~~] No more than 4,000 eligible teachers shall receive loan repayment assistance in any school year.

(2) [~~(b)~~] Failure to meet Program requirements will result in non-payment for the applicable year of employment and, except as provided by subsection (b) of this section, removal from the Program.

(3) An individual may receive loan repayment assistance under this program for no more than eight service periods.

(4) An individual's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as defined in §23.2 of this chapter.

(b) Good Cause for Breaks in Service Period. A teacher enrolled in the Program shall not lose Program eligibility due to failure to meet the consecutive years of qualifying employment requirement if the break in employment service is a result of the teacher's:

(1) full-time enrollment in a course of study related to the field of teaching that is approved by the State Board for Educator Certification and provided by a Texas institution of higher education, as defined in Texas Education Code, §61.003;

(2) service on active duty as a member of the armed forces of the United States, including as a member of a reserve or National Guard unit called for active duty;

(3) temporary total disability for a period of not more than thirty-six months as established by the affidavit of a qualified physician;

(4) inability to secure employment for a period not to exceed twelve months, because of care required by a disabled spouse or child; or

(5) inability, despite reasonable efforts, to secure, for a single period not to exceed twelve months, employment in a public school.

§23.295.Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023.

(a) Applicant Eligibility. Notwithstanding §23.288(a) of this subchapter (relating to Applicant Eligibility), to be eligible to receive loan repayment assistance funds, a teacher who first established eligibility for the Program based on an application submitted prior to September 1, 2023, must:

(1) submit a completed application, including any requested documents, to the Coordinating Board by the established deadline posted on the Program web page;

(2) be a U.S. citizen;

(3) have completed an undergraduate or graduate program in mathematics or science;

(4) have earned a cumulative GPA of at least 3.0 on a four-point scale, or the equivalent, at the institution from which the teacher graduated;

(5) be certified under the Texas Education Code, chapter 21, subchapter B, to teach mathematics or science in a Texas public school;

(6) have been employed as either:

(A) a full-time classroom teacher teaching mathematics or science in a Title I school for one to eight consecutive service periods, unless a break in service periods has occurred as a result of the circumstances described in subsection (b) of this section; or

(B) a full-time classroom teacher teaching math or science in a public school for one to four consecutive service periods following, with no break in service periods, four or more consecutive service periods of employment as a full-time classroom teacher teaching mathematics or science in a Title I school, unless a break in service periods has occurred as a result of the circumstances described in subsection (b) of this section; and

(7) enter into an agreement or have an agreement on file with the Coordinating Board that includes the following provisions:

(A) the applicant will accept an offer of continued employment to teach mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a Title I school, for four consecutive years, beginning with the previous school year at the time of the application for enrollment in the Program;

(B) the applicant may complete up to four additional consecutive school years teaching mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in any Texas public school, beginning with the school year immediately following the last of the four consecutive school years described by paragraph (6)(A) of this subsection; and

(C) the applicant understands that loan repayment assistance grants are contingent on available funding received, the Coordinating Board may make a financial commitment only based on funds that have been appropriated for each two-year state budget period, and the teacher will be released from the teaching obligation for any year of employment for which funds are not available.

(b) Although funding limitations may require the Coordinating Board to exercise the ranking priorities established in §23.289 of this title (relating to Applicant Ranking Priorities) a teacher who established eligibility for the Program based on an application submitted prior to September 1, 2023, shall not lose Program eligibility due to failure to meet the consecutive years of qualifying employment requirement if the break in employment service is a result of the person's:

(2) service on active duty as a member of the armed forces of the United States, including as a member of a reserve or National Guard unit called for active duty;

(3) temporary total disability for a period of not more than thirty-six months as established by the affidavit of a qualified physician;

(4) inability to secure employment as required in a Title I school for a period not to exceed twelve months, because of care required by a disabled spouse or child; or

(5) inability, despite reasonable efforts, to secure, for a single period not to exceed twelve months, employment in a Title I school.

(c) Limitation. A teacher who first established eligibility for the Program based on an application submitted prior to September 1, 2023, who transfers to a Texas public school that is not a Title I school after completing four consecutive years of employment at a Title I school may qualify for no more than 75 percent of the annual award amount established for the fiscal year.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403099

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

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

19 TAC §§23.290 - 23.292

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter J, §§23.290 - 23.292, concerning the Math and Science Scholars Loan Repayment Program. Specifically, this repeal will consolidate provisions into other rules to better reflect Coordinating Board practices or eliminate rules that are duplicative with the General Provisions in Chapter 23, Subchapter A, being considered for adoption by the Board in July 2024.

The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), Section 61.9840.

Rule 23.290 is repealed. To better align the structure of the subchapter to others in Chapter 23, the provisions within this section are relocated elsewhere in the subchapter. Subsection (a) is relocated to new rule §23.295(b) (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023) and subsection (b) is relocated to rule §23.294(b) (relating to Limitations).

Rule 23.291 is repealed. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program and then, after completing a service period, becoming eligible for disbursement of funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, subsection (a) is incorporated into eligibility criteria established in new rule §23.295(a) (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023) and subsection (b) is similarly incorporated into rule §23.288 (relating to Applicant Eligibility).

Rule 23.292 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and can be eliminated without affected Coordinating Board operations.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be improved rule clarity and consistency and eliminating unnecessary or duplicative provisions. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 61.9840, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Math & Science Scholars Loan Repayment Program.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.

§23.290.Exceptions to Consecutive Years of Employment Requirement.

§23.291.Eligibility for Disbursement of Award.

§23.292.Eligible Lender and Eligible Education Loan.

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

Filed with the Office of the Secretary of State on July 12, 2024.

TRD-202403100

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 25, 2024

For further information, please call: (512) 427-6565

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES

DIVISION 7. DISPUTE RESOLUTION

19 TAC §89.1196, §89.1197

The Texas Education Agency (TEA) proposes amendments to §89.1196 and §89.1197, concerning special education services dispute resolution. The proposed amendments would clarify procedures for individualized education program (IEP) facilitation and add language allowing TEA to delegate certain duties and responsibilities.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 89.1196 addresses the requirement in Texas Education Code, §29.019, to develop rules associated with IEP facilitation that public education agencies may choose to use as an alternative dispute resolution method. The proposed amendment to subsection (a) would describe the purpose of IEP facilitation and would change the term "trained" to "qualified" in the description of facilitators who assist admission, review, and dismissal (ARD) committees.

Section 89.1197 addresses procedures for state IEP facilitation when the ARD committee is in dispute with a parent of a student with a disability. Proposed new subsection (b) would clarify that TEA may delegate duties and responsibilities to an education service center to maximize efficiency. Subsections would be re-lettered throughout the rule as a result of this addition. Deletion of subsection (e)(6), re-lettered as subsection (f)(6), would remove language prohibiting the use of IEP facilitation if the issue in dispute is part of a special education complaint, as the agency has determined that facilitation may actually be helpful in resolving these situations.

FISCAL IMPACT: Justin Porter, associate commissioner and chief program officer for special populations programs, reporting, and student support, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

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

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

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

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

GOVERNMENT GROWTH IMPACT TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand existing regulations to clarify procedures for IEP facilitation and add into rule the delegation of duties and responsibilities.

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

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Porter has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to describe the use of IEP facilitation as a way to avoid a potential dispute between a public education agency and a parent of a student with a disability, as well as address procedures for state IEP facilitation when the ARD committee is in dispute with a parent of a student with a disability.

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

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

PUBLIC COMMENTS: The public comment period on the proposal begins July 26, 2024, and ends August 26, 2024. Public hearings will be conducted to solicit testimony and input on the proposed amendments at 9:30 a.m. on August 21 and 22, 2024. The public may participate in either hearing virtually by linking to the hearing at https://zoom.us/j/95563232072. Anyone wishing to testify must be present at 9:30 a.m. and indicate to TEA staff their intent to comment and are encouraged to also send written testimony to sped@tea.texas.gov. The hearings will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearings should be directed to Derek Hollingsworth, Special Populations Policy, Integration and Technical Assistance, Derek.Hollingsworth@tea.texas.gov. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §29.001, which requires the agency to develop and modify as necessary a statewide plan for the delivery of services to children with disabilities that ensures the availability of a free appropriate public education to children between the ages of 3-21; TEC, §29.019, which establishes IEP facilitation as an alternative dispute resolution method that districts may choose to use; and TEC, §29.020, which establishes the state's IEP facilitation project.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§29.001, 29.019, and 29.020.

§89.1196.Individualized Education Program Facilitation.

(a) For the purpose of this section and Texas Education Code, §29.019, individualized education program (IEP) facilitation refers to a method of alternative dispute resolution that may be used to avoid a potential dispute between a public education agency and a parent of a student with a disability. IEP facilitation involves the use of a qualified [~~trained~~] facilitator to assist an admission, review, and dismissal (ARD) committee in developing an IEP for a student with a disability. The facilitator uses facilitation techniques to help the committee members communicate and collaborate effectively. While public education agencies are not required to offer IEP facilitation as an alternative dispute resolution method, the Texas Education Agency (TEA) encourages the use of IEP facilitation as described in this section.

(b) A public education agency is not prohibited from incorporating elements of IEP facilitation into ARD committee meetings that are conducted without the assistance of a facilitator as described in this section. For example, a public education agency may provide training on communication skills, conflict management, or meeting effectiveness to individuals who participate in ARD committee meetings to enhance collaboration and efficiency in those meetings.

(c) A public education agency that chooses to offer IEP facilitation under this section may determine whether to use independent contractors, employees, or other qualified individuals as facilitators. At a minimum, an individual who serves as a facilitator must:

(1) have demonstrated knowledge of federal and state requirements relating to the provision of special education and related services to students with disabilities;

(2) have demonstrated knowledge of and experience with the ARD committee meeting process;

(3) have completed 18 hours of training in IEP facilitation, consensus building, and/or conflict resolution; and

(4) complete continuing education as determined by the public education agency.

(d) A public education agency that chooses to offer IEP facilitation under this section must ensure that:

(1) participation is voluntary on the part of the parties;

(2) the facilitation is provided at no cost to parents; and

(3) the process is not used to deny or delay the right to pursue a special education complaint, mediation, or a due process hearing in accordance with Part B of the Individuals with Disabilities Education Act (IDEA) and this division.

(e) A public education agency that chooses to offer IEP facilitation under this section must develop written policies and procedures that include:

(1) the procedures for requesting facilitation;

(2) facilitator qualifications, including whether facilitators are independent contractors, employees, or other qualified individuals;

(3) the process for assigning a facilitator;

(4) the continuing education requirements for facilitators; and

(5) a method for evaluating the effectiveness of the facilitation services and the individual facilitators.

(f) A public education agency that chooses to offer IEP facilitation under this section must provide parents with information about the process, including a description of the procedures for requesting IEP facilitation and information related to facilitator qualifications. This information must be included when a copy of the procedural safeguards notice under 34 Code of Federal Regulations (CFR), §300.504 is provided to parents, although this information may be provided as a separate document and may be provided in a written or electronic format.

(g) A facilitator under this section must not be a member of the student's ARD committee, must not have any decision-making authority over the committee, and must remain impartial to the topics under discussion. The facilitator must assist with the overall organization and conduct of the ARD committee meeting by:

(1) assisting the committee in establishing an agenda and setting the time allotted for the meeting;

(2) assisting the committee in establishing a set of guidelines for the meeting;

(3) guiding the discussion and keeping the focus on developing a mutually agreed upon IEP for the student;

(4) ensuring that each committee member has an opportunity to participate;

(5) helping to resolve disagreements that arise; and

(6) helping to keep the ARD committee on task so that the meeting purposes can be accomplished within the time allotted for the meeting.

(h) Promptly after being assigned to facilitate an ARD committee meeting, or within a timeline established under the public education agency's procedures, the facilitator must contact the parents and public education agency representative to clarify the issues, gather necessary information, and explain the IEP facilitation process.

(i) A public education agency that chooses to offer IEP facilitation under this section must ensure that facilitators protect the confidentiality of personally identifiable information about the student and comply with the requirements in the Family Educational Rights and Privacy Act regulations, 34 CFR, Part 99, relating to the disclosure and redisclosure of personally identifiable information from a student's education record.

(j) [~~The~~] TEA will develop information regarding IEP facilitation as an alternative dispute resolution method, and such information will be available upon request from [~~the~~] TEA and on the TEA website.

§89.1197.State Individualized Education Program Facilitation.

(a) In accordance with [~~the~~] Texas Education Code, §29.020, the Texas Education Agency (TEA) will establish a program that provides independent individualized education program (IEP) facilitators [~~beginning with the 2014-2015 school year~~].

(b) For purposes of this section, where TEA is referenced in subsections (c)-(p) of this section and where not otherwise prohibited by law, TEA may delegate duties and responsibilities to an education service center (ESC) when it is determined to be the most efficient way to implement the program.

(c) [~~(b)~~] For the purpose of this section, IEP facilitation has the same general meaning as described in §89.1196(a) of this title (relating to Individualized Education Program Facilitation), except that state IEP facilitation is used when the admission, review, and dismissal (ARD) committee is in dispute about decisions relating to the provision of a free and appropriate public education to a student with a disability and the facilitator is an independent facilitator provided by [~~the~~] TEA.

(d) [~~(c)~~] A request for IEP facilitation under this section must be filed by completing a form developed by [~~the~~] TEA that is available upon request from [~~the~~] TEA and on the TEA website. The form must be filed with [~~the~~] TEA by one of the parties by electronic mail, mail, hand-delivery, or facsimile.

(e) [~~(d)~~] IEP facilitation under this section must be voluntary on the part of the parties and provided at no cost to the parties.

(f) [~~(e)~~] In order for [~~the~~] TEA to provide an independent facilitator, the following conditions must be met.

(1) The required form must be completed and signed by both parties.

(2) The dispute must relate to an ARD committee meeting in which mutual agreement about one or more of the required elements of the IEP was not reached and the parties have agreed to recess and reconvene the meeting in accordance with §89.1055(o) [~~§89.1050(g)~~] of this title (relating to Individualized Education Program [~~The Admission, Review, and Dismissal Committee~~]).

(3) The request for IEP facilitation must have been filed within 10 calendar days of the ARD committee meeting that ended in disagreement, and a facilitator must be available on the date set for reconvening the meeting.

(4) The dispute must not relate to a manifestation determination or determination of interim alternative educational setting under 34 Code of Federal Regulations (CFR), §300.530 or §300.531.

(5) The same parties must not be concurrently involved in special education mediation under §89.1193 of this title (relating to Special Education Mediation).

[(6) The issues in dispute must not be the subject of a special education complaint under §89.1195 of this title (relating to Special Education Complaint Resolution) or a special education due process hearing under §89.1151 of this title (relating to Special Education Due Process Hearings) and §89.1165 of this title (relating to Request for Special Education Due Process Hearing).]

(6) [~~(7)~~] The same parties must not have participated in IEP facilitation concerning the same student under this section within the same school year of the filing of the current request for IEP facilitation.

(g) [~~(f)~~] Within five business days of receipt of a request for an IEP facilitation under this section, [~~the~~] TEA will determine whether the conditions in subsections (d)-(f) [~~(c)-(e)~~] of this section have been met and will notify the parties of its determination and the assignment of the independent facilitator, if applicable.

(h) [~~(g)~~] Notwithstanding subsections (c)-(f) [~~(b)-(e)~~] of this section, if a special education due process hearing or complaint decision requires a public education agency to provide an independent facilitator to assist with an ARD committee meeting, the public education agency may request that [~~the~~ ] TEA assign an independent facilitator. Within five business days of receipt of a written request for IEP facilitation under this subsection, [~~the~~] TEA will notify the parties of its decision to assign or not assign an independent facilitator. If TEA declines the request to assign an independent facilitator, the public education agency must provide an independent facilitator at its own expense.

(i) [~~(h)~~] [~~The~~] TEA's decision not to provide an independent facilitator is final and not subject to review or appeal.

(j) [~~(i)~~] The independent facilitator assignment may be made based on a combination of factors, including, but not limited to, geographic location and availability. Once assigned, the independent facilitator must promptly contact the parties to clarify the issues, gather necessary information, and explain the IEP facilitation process.

(k) [~~(j)~~] [~~The~~] TEA will use a competitive solicitation method to seek independent facilitation services, and the contracts with independent facilitators will be developed and managed in accordance with [~~the~~] TEA's contracting practices and procedures.

(l) [~~(k)~~] At a minimum, an individual who serves as an independent facilitator under this section:

(1) must have demonstrated knowledge of federal and state requirements relating to the provision of special education and related services to students with disabilities;

(2) must have demonstrated knowledge of and experience with the ARD committee meeting process;

(3) must have completed 18 hours or more of training in IEP facilitation, consensus building, and/or conflict resolution as specified in [~~the~~] TEA's competitive solicitation;

(4) must complete continuing education as determined by [~~the~~] TEA;

(5) may not be an employee of [~~the~~] TEA or the public education agency that the student attends; and

(6) may not have a personal or professional interest that conflicts with his or her impartiality.

(m) [~~(l)~~] An individual is not an employee of [~~the~~] TEA solely because the individual is paid by [~~the~~] TEA to serve as an independent facilitator.

(n) [~~(m)~~] An independent facilitator must not be a member of the student's ARD committee, must not have any decision-making authority, and must remain impartial to the topics under discussion. The independent facilitator must assist with the overall organization and conduct of the ARD committee meeting by:

(1) assisting the committee in establishing an agenda and setting the time allotted for the meeting;

(2) assisting the committee in establishing a set of guidelines for the meeting;

(3) guiding the discussion and keeping the focus on developing a mutually agreed upon IEP for the student;

(4) ensuring that each committee member has an opportunity to participate;

(5) helping to resolve disagreements that arise; and

(6) helping to keep the ARD committee on task so that the meeting purposes can be accomplished within the time allotted for the meeting.

(o) [~~(n)~~] An independent facilitator must protect the confidentiality of personally identifiable information about the student and comply with the requirements in the Family Educational Rights and Privacy Act regulations, 34 CFR, Part 99, relating to the disclosure and redisclosure of personally identifiable information from a student's education record.

(p) [~~(o)~~] [~~The~~] TEA will develop surveys to evaluate the IEP facilitation program and the independent facilitators and will request that parties who participate in the program complete the surveys.

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

Filed with the Office of the Secretary of State on July 15, 2024.

TRD-202403104

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 25, 2024

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