Proposed Rules Title 19

TITLE 19. EDUCATION

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES

The Texas Education Agency (TEA) proposes an amendment to §61.1031, concerning school safety requirements. The proposed amendment would implement Senate Bill (SB) 838 and House Bill (HB) 3, 88th Texas Legislature, Regular Session, 2023, and clarify requirements for school safety to ensure a safe and secure environment in Texas public schools.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 61.1031 prescribes minimum school safety standards to address the safety of students and staff in Texas public schools.

Legislation from the 88th Texas Legislature, Regular Session, 2023, added and amended school safety requirements in Texas Education Code (TEC), §§7.061, 37.1083, 37.117, 37.351, and 37.355. The proposed amendment to §61.1031 would implement legislation and clarify existing requirements, as follows.

The proposed amendment would modify the definition of "exterior secure area" in subsection (a)(2)(A) to establish that an exterior secure area is utilized when keeping doors closed, latched, and locked is not operationally practicable.

The proposed amendment to subsection (a)(7)(C) would clarify the functionality of a "secure vestibule."

The proposed amendment to subsection (c)(1) would add information related to door numbering requirements in compliance with International Fire Code, §505, and remove the phrase "campus-wide."

The proposed amendment to subsection (c)(3)(A) would modify the requirements for exterior doors by removing the phrase "by default."

The proposed amendment to subsection (c)(8) would clarify the intent of the requirement. The language would outline that roof access doors should remain closed, latched, and locked when not actively in use.

The proposed amendment to subsection (c)(11) would be modified to specify that school systems must ensure compliance with federal and state Kari's Laws and RAY BAUM's Act related to 9-1-1 for school telephone systems.

The proposed amendment to subsection (d)(2)(C) would be modified in accordance with new statutory requirements in TEC, §37.117, as added by HB 3, 88th Texas Legislature, Regular Session, 2023. This statute requires that each school district and open-enrollment charter school provide the Department of Public Safety, local law enforcement, and emergency first responders an accurate map of each district campus and school campus. These entities must also be provided an opportunity to conduct a walk-through of facilities utilizing the maps provided.

The proposed amendment to subsection (d)(3)(A)(iv) would remove the requirement that video surveillance monitoring systems trigger an alert. Artificial intelligence is not intended to be a minimal safety standard.

Proposed new subsection (i) would be added to address the confidentiality requirements of TEC, §37.355, as added by HB 3, 88th Texas Legislature, Regular Session, 2023.

The proposed amendment to re-lettered subsection (j)(1) would align school safety initiatives, including vulnerability assessments, with the responsibility of TEA rather than the Texas School Safety Center.

The proposed amendment would remove provisional language set to expire on August 31, 2024.

FISCAL IMPACT: James Finley, deputy chief of school safety and security, has determined that for the first five years the proposal is in effect, there are no additional costs to state government. However, there will be fiscal implications for local government, including school districts and open-enrollment charter schools, required to comply with the proposal. The statewide cost to school systems totals approximately $1.5 billion during fiscal years 2023 and 2024. The estimate was determined based on a sample of district costs to upgrade school safety standards. To offset these projected costs, $400 million was appropriated by the Budget Execution Order dated October 27, 2022, executed by Governor Abbott, and $1.1 billion was appropriated by SB 30, Section 4.02, 88th Texas Legislature, Regular Session, 2023.

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

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 requirements of this proposal would impose costs on school districts and open-enrollment charter schools. However, the rule is not subject to the limitations of Texas Government Code, §2001.0045. The school safety requirements are necessary to protect the safety and welfare of residents of this state. Additionally, TEC, §7.061, explicitly requires the commissioner to review at least every two years the rules for a safe and secure environment and update those rules when necessary. Consequently, any costs imposed by the update of the rules are necessary to implement the legislation passed by the legislature. Additionally, grants provided to school districts help defray or completely offset the estimated costs. Safety and Facilities Enhancement (SAFE) Grants total $1.1 billion and School Safety Standards Formula Grants total $400 million.

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 an existing regulation to clarify existing definitions and incorporate additional statutory requirements following the 88th Texas Legislature, Regular Session, 2023, specifically those outlined in TEC, §§7.061, 37.1083, 37.117, 37.351, and 37.355.

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. Finley has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be ensuring that school districts and open-enrollment charter schools implement minimum school safety standards to address the safety of students and staff in Texas public schools. There is no anticipated economic cost to persons who are required to comply with the proposal.

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

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

PUBLIC COMMENTS: The public comment period on the proposal begins May 24, 2024, and ends June 24, 2024. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 24, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §7.061, as amended by House Bill (HB) 3, 88th Texas Legislature, Regular Session, 2023, which requires the commissioner of education to adopt and amend rules to ensure a safe and secure environment for public schools, which includes best practices for design and construction of new facilities and improving, renovating, and retrofitting existing facilities. The section requires the commissioner to review all rules by September 1 of each even-numbered year and take action as necessary to ensure school facilities for school districts and open-enrollment charter schools continue to provide a safe and secure environment; TEC, §37.1083, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, which establishes the Office of School Safety and Security within the Texas Education Agency (TEA) and charges TEA with monitoring the implementation and operation requirements of school district safety and security. Monitoring efforts must include technical assistance related to multihazard emergency operations plans and safety and security audits. Further, the statute establishes that any document or information collected, identified, developed, or produced related to the monitoring of district safety and security is confidential under Texas Government Code, §418.177 and §418.181, making them not subject to disclosure under Texas Government Code, Chapter 552. Subsection (k) allows the commissioner to adopt rules as necessary to implement the section; TEC, §37.115(b), which allows Texas Education Agency (TEA), in coordination with the Texas School Safety Center, to adopt rules to establish a safe and supportive school program, including providing for physical and psychological safety; TEC, §37.117, as added by Senate Bill 838, 88th Texas Legislature, Regular Session, 2023, which requires that each school district or open-enrollment charter school have silent alert panic technology allowing for immediate contact with district or school emergency services and emergency services agencies, law enforcement agencies, health departments, and fire departments; TEC, §37.117, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, which requires that each school district and open-enrollment charter school provide the Department of Public Safety, local law enforcement, and emergency first responders an accurate map of each district campus and school campus, in accordance with standards outlined in TEC, §37.351. Additionally, school systems must provide these emergency services personnel an opportunity to conduct a walk-through of each campus and school building using the map provided; TEC, §37.351, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, which requires school districts to comply with each school facilities standard, including performance standards and operational requirements, related to safety and security adopted under TEC, §7.061, or provided by other law or TEA rule. Additionally, school districts must develop and maintain documentation of the district's implementation of and compliance with school safety and security facilities standards for each district facility; and TEC, §37.355, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, which outlines that any document or information collected, identified, developed, or produced relating to a safety or security requirement under TEC, Chapter 37, Subchapter J, is confidential under Texas Government Code, §418.177 and §418.181, and not subject to disclosure under Texas Government Code, Chapter 552.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §7.061, as amended by House Bill (HB) 3, 88th Texas Legislature, Regular Session, 2023; §37.1083, as added by HB 3, 88th Texas Legislature, Regular Session, 2023; §37.115(b); §37.117, as added by Senate Bill 838 and HB 3, 88th Texas Legislature, Regular Session, 2023; and §37.351 and §37.355, as added by HB 3, 88th Texas Legislature, Regular Session, 2023.

§61.1031.School Safety Requirements.

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

(1) Actively monitored--supervised by an adult who can visibly review visitors prior to entrance, who can take immediate action to close and/or lock the door, and whose duties allow for sufficient attention to monitoring.

(2) Exterior secured area--an area fully enclosed by a fence and/or wall that:

(A) is utilized when keeping doors closed, locked, and latched is not operationally practicable;

(B) [~~(A)~~] if enclosed by a fence or wall, utilizes a fence or wall at least 6 feet high with design features that prevent it from being easily scalable, such as stone, wrought iron, chain link with slats or wind screen, or chain link topped with an anti-scaling device, or utilizes a fence or wall at least 8 feet high;

(D) [~~(C)~~] if gated, features locked gates with emergency egress hardware and has features to prevent opening from the exterior without a key or combination mechanism.

(3) Instructional facility--this term has the meaning assigned in Texas Education Code (TEC), §46.001, and includes any real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching curriculum under TEC, §28.002. For purposes of this section, an instructional facility does not include real property, improvements to real property, or necessary fixtures of an improvement to real property that are part of a federal, state, or private correctional facility or facility of an institution of higher education, medical provider, or other provider of professional or social services over which a school system has no control.

(4) Modular, portable building--

(A) an industrialized building as defined by Texas Occupations Code (TOC), §1202.002 and §1202.003;

(B) any relocatable educational facility as defined by TOC, §1202.004, regardless of the location of construction of the facility; or

(5) Primary entrance--

(A) the main entrance to an instructional facility that is closest to or directly connected to the reception area; or

(B) any exterior door the school system intends to allow visitors to use to enter the facility during school hours either through policy or practice.

(6) School system--a public independent school district or public open-enrollment charter school.

(7) Secure vestibule--a secured space with two or more sets of doors and an office sign-in area where all but the exterior doors shall:

(A) remain closed, latched, and locked;

(B) comply with subsection (c)(3)(B) of this section; and

(b) The provisions of this section apply to all school instructional facilities owned, operated, or leased by a school system, regardless of the date of construction or date of lease. The provisions of this section ensure that all school system instructional facilities have access points that are:

(1) secured by design;

(2) maintained to operate as intended; and

(3) appropriately monitored.

(c) A school system shall implement the following safety and security standards compliance requirements to all school instructional facilities owned, operated, or leased by the school system.

(1) All instructional facilities [~~campus-wide~~], including modular, portable buildings, must include the addition of graphically represented alpha-numerical characters on both the interior and exterior of each exterior door location. The characters may be installed on the door, or on at least one door at locations where more than one door leads from the exterior to the same room inside the facility, or on the wall immediately adjacent to or above the door location. Characters shall comply with the International Fire Code, §505, which requires numbers to be a minimum of four inches in height. The primary entrance of an instructional facility shall always be the first in the entire sequence and is the only door location that does not require numbering. The numbering sequence shall be clockwise and may be sequenced for the entire campus or for each facility individually. The door-numbering process must comply with any and all accessibility requirements related to signage.

(2) Unless a secure vestibule is present, a primary entrance shall:

(A) meet all standards for exterior doors;

(B) include a means to allow an individual located within the building to visually identify an individual seeking to enter the primary entrance when the entrance is closed and locked, including, but not limited to, windows, camera systems, and/or intercoms;

(D) feature a location for a visitor check-in and check-out process.

(3) All exterior doors shall:

(A) be [~~, by default,~~] set to a closed, latched, and locked status, except that:

(i) a door may be unlocked if it is actively monitored or within an exterior secured area; and

(ii) for the purposes of ventilation, a school system may designate in writing as part of its multi-hazard emergency operations plan under TEC, §37.108, specific exterior doors that are allowed to remain open for specified periods of time if explicitly authorized by the school safety and security committee established by TEC, §37.109, when a quorum of members are present, and only if it is actively monitored or within an exterior secured area;

(B) be constructed, both for the door and door frame and their components, of materials and in a manner that make them resistant to entry by intruders. Unless inside an exterior secured area, doors constructed of glass or containing glass shall be constructed or modified such that the glass cannot be easily broken and allow an intruder to open or otherwise enter through the door (for example, using forced entry-resistant film);

(i) a mechanism that fully closes and engages locking hardware automatically after entry or egress without manual intervention, regardless of air pressure within or outside of the facility; and

(ii) a mechanism that allows the door to be opened from the inside when locked to allow for emergency egress while remaining locked; and

(D) if keyed for re-entry, be capable of being unlocked with a single (or a small set of) master key(s), whether physical key, punch code, or key-fob or similar electronic device.

(4) Except when inside an exterior secured area, classrooms with exterior entry doors shall include a means to allow an individual located in the classroom to visually identify an individual seeking to enter the classroom when the door is closed and locked, including, but not limited to, windows, camera systems, and/or intercoms.

(5) Except when inside an exterior secured area, all windows that are adjacent to an exterior door and that are of a size and position that, if broken, would easily permit an individual to reach in and open the door from the inside shall be constructed or modified such that the glass cannot be easily broken.

(6) Except when inside an exterior secured area, all ground-level windows near exterior doors that are of a size and position that permits entry from the exterior if broken shall be constructed or modified such that the glass cannot be easily broken and allow an intruder to enter through the window frame (for example, using forced entry-resistant film).

(7) If designed to be opened, all ground-level windows shall have functional locking mechanisms that allow for the windows to be locked from the inside and, if large enough for an individual to enter when opened or if adjacent to a door, be closed and locked when staff are not present.

(8) Roof access doors should remain closed, latched, and locked [~~default to a locked, latched, and closed position~~] when not actively in use [~~and be lockable from the interior~~].

(9) All facilities must:

(A) include one or more distinctive, exterior secure master key box(es) designed to permit emergency access to both law enforcement agencies and emergency responder agencies from the exterior (for example, a Knox box) at a location designated by the local authorities with applicable jurisdiction; or

(B) provide all local law enforcement electronic or physical master key access to the building(s).

(10) A communications infrastructure shall be implemented that must:

(A) ensure equipment is in place such that law enforcement and emergency responder two-way radios can function within most portions of the building(s); and

(B) include a panic alert button, duress, or equivalent alarm system, via standalone hardware, software, or integrated into other telecommunications devices or online applications, that includes the following functionality.

(i) An alert must be capable of being triggered by campus staff, including temporary or substitute staff, from an integrated or enabled device.

(ii) An alert must be triggered automatically in the event a district employee makes a 9-1-1 call using the hardware or integrated telecommunications devices described in this subparagraph from any location within the school system.

(iii) With any alert generated, the location of where the alert originated shall be included.

(iv) The alert must notify a set of designated school administrators as needed to provide confirmation of response, and, if confirmed, notice must be issued to the 9-1-1 center of an emergency situation requiring a law enforcement and/or emergency response and must include the location of where the alert originated. A notice can simultaneously be issued to all school staff of the need to follow appropriate emergency procedures.

(v) For any exterior doors that feature electronic locking mechanisms that allow for remote locking, the alert system will trigger those doors to automatically lock.

(11) School [~~In implementing the requirements of this section, school~~] systems shall ensure compliance [~~comply~~] with state and federal Kari's Laws and federal RAY BAUM's Act and corresponding rules and regulations pertaining to 9-1-1 service for school telephone systems, including a multi-line telephone system.

(d) Certain operating requirements. A school system shall implement the following.

(1) Access control. The board of trustees or the governing board shall adopt a policy requiring the following continued auditing of building access:

(A) conduct at least weekly inspections during school hours of all exterior doors of all instructional facilities to certify that all doors are, by default, set to a closed, latched, and locked status and cannot be opened from the outside without a key as required in subsection (c)(3)(A) of this section;

(B) report the findings of weekly inspections required by subparagraph (A) of this paragraph to the school system's safety and security committee as required by TEC, §37.109, and ensure the results are kept for review as part of the safety and security audit as required by TEC, §37.108;

(C) report the findings of weekly inspections required by subparagraph (A) of this paragraph to the principal or leader of the instructional facility to ensure awareness of any deficiencies identified and who must take action to reduce the likelihood of similar deficiencies in the future; and

(D) include a provision in the school system's applicable policy stating that nothing in a school system's access control procedures will be interpreted as discouraging parents, once properly verified as authorized campus visitors, from visiting campuses they are authorized to visit.

(2) Exterior and interior door numbering site plan.

(A) A school system must develop and maintain an accurate site layout and exterior and interior door designation document for each instructional facility school system-wide that identifies all exterior and interior doors in the instructional facility and depicts all exterior doors on a floor plan with an alpha-numeric designation, in accordance with the door numbering specifications established in subsection (c)(1) of this section.

(B) Copies of exterior and interior door numbering site plans shall be readily available in each campus main office.

(C) Electronic copies of exterior and interior door numbering site plans shall be provided [~~supplied~~] to the local 9-1-1 administrative entity, the Department of Public Safety, local law enforcement agencies, and emergency first responders in accordance with TEC, §37.117. These entities shall be afforded an opportunity to conduct a walk-through of facilities utilizing the site plans provided [~~so that the site plans can be made available to emergency responders by 9-1-1 dispatchers~~].

(D) The site layout and exterior and interior door designation document should be oriented in a manner that depicts true north.

(3) Maintenance.

(A) A school system shall perform at least twice-yearly maintenance checks to ensure the facility components required in subsection (c) of this section function as required. At a minimum, maintenance checks shall ensure the following:

(i) instructional facility exterior doors function properly, including meeting the requirements in subsection (c)(3)(A) and (C) of this section;

(ii) the locking mechanism for any ground-level windows that can be opened function properly;

(iii) any perimeter barriers and related gates function properly;

(iv) all panic alert or similar emergency notification systems in classrooms and campus central offices function properly, which includes at least verification from multiple campus staff and classroom locations that a notification can be issued and received by the appropriately designated personnel and [,] that the alert is successfully broadcast to all campus staff and to appropriate law enforcement and emergency responders [~~, and that a potential threat observed on video triggers an alert from video surveillance monitoring systems~~];

(v) all school telephone systems and communications infrastructure provide accurate location information when a 9-1-1 call is made in accordance with state and federal laws and rules and when an alert is triggered in accordance with this section;

(vi) all exterior master key boxes function properly and the keys they contain function properly;

(vii) law enforcement and emergency responder two-way radios operate effectively within each instructional facility; and

(viii) two-way radios used by school system peace officers, school resource officers, or school marshals properly communicate with local law enforcement and emergency response services.

(B) A school system shall ensure procedures are in place to require that staff who become aware of a facility component functionality deficiency that would be identified during the twice-yearly maintenance review described by subparagraph (A) of this paragraph immediately report the deficiency to the school system's administration, regardless of the status of the twice-yearly maintenance review.

(C) A school system shall promptly remedy any deficiencies discovered as a consequence of maintenance checks required by subparagraph (A) of this paragraph or reports made under subparagraph (B) of this paragraph.

(e) In implementing the requirements of this section, school systems shall comply with the provisions of §61.1040(j) of this title (relating to School Facilities Standards for Construction on or after November 1, 2021).

(f) To the extent that any provisions of this section conflict with rules adopted in Chapter 61, Subchapter CC, of this title (relating to Commissioner's Rules Concerning School Facilities), including terms defined by this section or standards established by this section, the provisions of this section prevail.

(g) In implementing the requirements of this section, school systems shall comply with the standards adopted under Texas Government Code, §469.052.

(h) In implementing the requirements of this section, school systems must adopt a 3-year records control schedule that complies with the minimum requirements established by the Texas State Library and Archives Commission schedule, record series item number 5.4.017, as referenced in Texas Government Code, §441.169, and Texas Local Government Code, §203.041.

(i) Any document or information collected, identified, developed, or produced relating to the monitoring of school district safety and security requirements is confidential under Texas Government Code, §418.177 and §418.181, and is not subject to disclosure under Texas Government Code, Chapter 552.

(j) [~~(i)~~] Certification.

(1) A school system must annually [~~All requirements in subsections (c) and (d) of this section shall be implemented during the 2022-2023 school year and thereafter. Annually, a school system shall~~] certify compliance with subsections (c) and (d) of this section [~~those requirements~~] as part of ongoing security audits under TEC, §37.108(b); maintain the certification locally; and provide documentation upon request by TEA [~~report as required by the Texas School Safety Center~~]. Non-compliance with subsections (c) and (d) of this section and all information received upon completion of a district vulnerability assessment under TEC, §37.1083, [~~Any and all non-compliance~~] shall be reported to the school system's safety and security committee, the school system's board, and TEA, as applicable [~~the Texas School Safety Center, as required by TEC, §37.108(c)~~].

[(2) A school system may provisionally certify compliance of a facility component described in subsection (c) of this section that is not in compliance with the requirements of paragraph (1) of this subsection if:]

~~[(A) the school system has taken the necessary steps to initiate an upgrade of the facility component to ensure compliance; and]~~

~~[(B) for the 2023-2024 school year, the contractor or supplier has been procured and has provided a time frame when the upgrade will be completed.]~~

(2) [~~(3)~~] TEA may modify rule requirements or grant provisional certification for individual site needs as determined by TEA [~~the agency~~].

~~[(j) Subsection (i)(2) of this section and this subsection expire August 31, 2024.]~~

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 May 13, 2024.

TRD-202402138

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 23, 2024

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

CHAPTER 97. PLANNING AND ACCOUNTABILITY

SUBCHAPTER EE. ACCREDITATION STATUS, STANDARDS, AND SANCTIONS

DIVISION 1. STATUS, STANDARDS, AND SANCTIONS

19 TAC §§97.1055, 97.1057, 97.1059, 97.1067, 97.1069, 97.1073

The Texas Education Agency (TEA) proposes amendments to §§97.1055, 97.1057, 97.1059, 97.1067, 97.1069, and 97.1073, concerning accreditation status, standards, and sanctions. The proposed amendments would establish that a superintendent appointed in conjunction with a board of managers assumes office immediately upon appointment and update cross references to statute and other administrative rules.

BACKGROUND INFORMATION AND JUSTIFICATION: The proposed amendments to §97.1055 and §97.1059 would update the references to the title of 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, which was changed from "Informal Review, Formal Review, and Review by State Office of Administrative Hearings" to "Informal Review, Hearing Following Investigation, and Review by State Office of Administrative Hearings" effective April 6, 2022.

Proposed changes to §97.1055 would also update the references to 19 TAC §97.1005, Results Driven Accountability, which was repealed and incorporated into 19 TAC §97.1001, Accountability Rating System, effective November 14, 2023.

The proposed amendment to §97.1057 would update statutory references to align with House Bill 3, 86th Texas Legislature, 2019, which transferred and redesignated Texas Education Code (TEC), §42.258, to TEC, §48.272. The proposed amendment would also update a cross reference to 19 TAC §100.1023, Intervention Based on Charter Violations, which is proposed to be renumbered to 19 TAC §100.1045.

The proposed amendments to §97.1067 and §97.1069 would update statutory references to align with Senate Bill 1488, 85th Texas Legislature, Regular Session, 2017, which transferred and redesignated TEC, §39.107, to TEC, §§39A.152-39A.159, and transferred and redesignated TEC, §39.108, to TEC, §39A.901.

The proposed amendment to §97.1073 would establish that a superintendent appointed in conjunction with a board of managers assumes office immediately upon appointment to clarify when the appointed superintendents take on their responsibilities.

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

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

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 an existing regulation by providing for the immediate assumption of powers and duties of a superintendent appointed by the commissioner of education.

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

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

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

PUBLIC COMMENTS: The public comment period on the proposal begins May 24, 2024, and ends June 24, 2024. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 17, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §39.051, which requires the commissioner to determine accreditation statuses; TEC, §39.052, which establishes the requirements for the commissioner to consider when determining accreditation statuses; TEC, §39A.152, which establishes eligibility requirements an entity to be an alternative manager of a campus; TEC, §39A.153, which establishes requirements for contracting with an alternative managing entity; TEC, §39A.154, which allows the commissioner to require a district to extend a contract with a management entity; TEC, §39A.155, which establishes requirements for evaluating the performance of a management entity; TEC, §39A.156, which establishes the conditions under which a management contract must be cancelled; TEC, §39A.157, which establishes requirements for returning the management of a school district back to the board of trustees; TEC, §39A.158, which establishes that campuses operated by a managing entity are still subject to TEC, Chapters 39 and 39A; TEC, §39A.159, which establishes that the funding for a campus operated by a managing entity may not be less than other campuses in the same district; TEC, §39A.202, which requires the commissioner to appoint a district superintendent when appointing a board of managers; and TEC, §39A.901, which requires the commissioner to annually review the performance of school district or campus undergoing interventions, sanctions, or alternative management to determine appropriate actions.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§39.051, 39.052, 39A.152-39A.159, 39A.202, and 39A.901.

§97.1055.Accreditation Status.

(a) (No change.)

(b) Determination of Accredited-Warned status.

(1) (No change.)

(2) Notwithstanding the district's performance under paragraph (1) of this subsection, a district shall be assigned Accredited-Warned status if the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052. Such action is generally required by the following circumstances:

(A) (No change.)

(B) after review and/or investigation under TEC, §39.003 or §39.056, the commissioner finds:

(i) the district's programs monitored under §97.1001 [~~§97.1005~~] of this title [~~(relating to Results Driven Accountability)~~] exhibit serious or persistent deficiencies that, if not addressed, may lead to probation or revocation of the district's accreditation; or

(ii) (No change.)

(3) (No change.)

(1) (No change.)

(2) Notwithstanding the district's performance under paragraph (1) of this subsection, a district shall be assigned Accredited-Probation status if the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052. Such action is generally required by the following circumstances:

(A) (No change.)

(B) after review and/or investigation under TEC, §39.003 or §39.056, the commissioner finds:

(i) the district's programs monitored under §97.1001 [~~§97.1005~~] of this title exhibit serious or persistent deficiencies that, if not addressed, may lead to revocation of the district's accreditation; or

(ii) (No change.)

(3) (No change.)

(d) Determination of Not Accredited-Revoked status; Revocation of accreditation.

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

(4) A district shall have its accreditation revoked if, notwithstanding its performance under paragraph (1) of this subsection, the commissioner determines this action is reasonably necessary to achieve the purposes of TEC, §39.051 and §39.052. Such action is generally required by the following circumstances:

(A) (No change.)

(B) after review and/or investigation under TEC, §39.003 or §39.056, the commissioner finds:

(i) the district's programs monitored under §97.1001 [~~§97.1005~~] of this title exhibit serious or persistent deficiencies that require revocation of the district's accreditation; or

(ii) (No change.)

(5) (No change.)

(6) The commissioner's decision to revoke a district's accreditation may be reviewed under Chapter 157, Subchapter EE, of this title (relating to Informal Review, Hearing Following Investigation [~~Formal Review~~], and Review by State Office of Administrative Hearings). If, after review, the decision is sustained, the commissioner shall appoint a management team or board of managers to bring to closure the district's operation of the public school.

(7) (No change)

(e) - (f) (No change.)

§97.1057.Interventions and Sanctions; Lowered Rating or Accreditation Status.

(a) - (e) (No change.)

(f) In determining whether to impose a particular sanction under TEC, Chapters 39 and 39A, or this subchapter, the commissioner may consider the costs and logistical concerns of the district but shall give primary consideration to the best interest of the district's students. The sanction selected shall be reasonably calculated to address the district's or campus' deficiencies immediately or within a reasonable time, in the best interest of its present and future students. The following shall be considered as being contrary to the best interests of the district's students:

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

(3) receipt of a substantial over-allocation of funds for which the district has failed to plan prudently in light of its obligation to repay the funds under TEC, §48.272 [~~§42.258~~ ]; and

(4) (No change.)

(g) (No change.)

(h) The commissioner shall notify the school district or open-enrollment charter school in writing of a sanction imposed under this subchapter or §100.1045 [~~§100.1023~~] of this title (relating to Intervention Based on Charter Violations). The notice must state the basis for finding that the district or open-enrollment charter school does not satisfy the applicable criteria as indicated in this subchapter or §100.1045 [~~§100.1023~~] of this title. The finding(s) may be made in the notice or in a final investigative report or based on a final investigative report.

(i) - (k) (No change.)

§97.1059.Standards for All Accreditation Sanction Determinations.

(a) (No change.)

(b) In making a determination under subsection (a) of this section, the commissioner shall consider the seriousness, number, extent, and duration of deficiencies identified by the Texas Education Agency (TEA) and shall impose one or more accreditation sanctions on a district and its campuses as needed to address:

(1) each material deficiency identified by the TEA through its systems for district and campus accountability, including:

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

(F) the results of an investigative report under Chapter 157, Subchapter EE, of this title (relating to Informal Review, Hearing Following Investigation [~~Formal Review~~], and Review by State Office of Administrative Hearings); complaint investigation; special education due process hearing; or data integrity investigation, including an investigation of assessment or financial data;

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

(2) - (4) (No change.)

§97.1067.Alternative Management of Campuses.

(a) (No change.)

(b) A contract under this section must be executed by the district and the service provider and must:

(1) (No change.)

(2) comply with TEC, §§39A.153-39A.159 [~~§39.107(m)-(o)~~]; this section; and the requirements and performance measures established by the Texas Education Agency (TEA) under §97.1069 of this title;

(3) - (8) (No change.)

(c) The service provider may perform the duties and responsibilities of a principal, and in addition may make requests and recommendations to the district concerning all aspects of campus administration, including personnel and budget decisions.

(1) (No change.)

(2) The commissioner may implement additional sanctions under this subchapter and consider such reports under TEC, §39A.901 [~~§39.108~~] and §39A.155 [~~§39.107(n)~~ ], as well as §97.1065(b) of this title.

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

(f) The commissioner shall order closure of a campus when alternative management of the campus was ordered under this section and:

(1) the district resumed operation of the campus under TEC, §39A.155 [~~§39.107(n)~~]; and

(2) (No change.)

(g) - (h) (No change.)

§97.1069.Providers of Alternative Campus Management.

(a) Each school year, the Texas Education Agency (TEA) will issue a request for qualifications (RFQ) to solicit proposals from qualified non-profit management entities to assume the management of campuses identified for sanction under §97.1067 of this title (relating to Alternative Management of Campuses). The commissioner of education may solicit proposals from qualified for-profit entities to assume management of a campus subject to this section if a non-profit entity has not responded to the RFQ.

(1) To be approved as a provider of alternative campus management services, a non-profit entity must meet the requirements of Texas Education Code (TEC), §39A.152 [~~§39.107~~ ], and any additional qualifications and procedural requirements specified by the TEA in the RFQ.

(2) (No change.)

(b) - (d) (No change.)

§97.1073.Appointment of Monitor, Conservator, or Board of Managers.

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

(c) The commissioner may appoint a conservator or management team under TEC, §§39A.002, 39A.003, [~~39A.006,~~] and 39A.102, when:

(1) - (5) (No change.)

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

(f) The superintendent, upon appointment, immediately assumes all powers, duties, rights, and responsibilities of the superintendent of the district to which the superintendent is appointed.

(g) [~~(f)~~] Not later than the second anniversary date of the appointment of the board of managers, the commissioner shall notify the board of managers and the board of trustees of the date on which the appointment of the board of managers will expire.

(h) [~~(g)~~] A board of managers shall, during the period of the appointment, order the election of members of the board of trustees of the district in accordance with applicable provisions of law. Except as provided by this subsection, the members of the board of trustees do not assume any powers or duties after the election until the appointment of the board of managers expires.

(1) - (8) (No change.)

(i) [~~(h)~~] The training in effective leadership strategies required under TEC, §39A.205, shall be provided by TEA-approved authorized providers of school board training to each individual appointed by the commissioner to a board of managers, including board of trustees members appointed under subsection (h)(4) [~~(g)(4)~~] of this section, and, following the expiration of the appointment of the board of managers, to the board of trustees of the school district.

(j) [~~(i)~~] A board of trustees member appointed under subsection (h)(4) [~~(g)(4)~~] of this section must complete the training required in subsection (i) [~~(h)~~] of this section prior to or within 10 days of the appointment. Failure to do so may result in the removal of the board of trustees member from the board of managers.

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 May 13, 2024.

TRD-202402142

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 23, 2024

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

19 TAC §97.1071

The Texas Education Agency (TEA) proposes an amendment to §97.1071, concerning special program performance and monitoring, review, and supports. The proposed amendment would clarify current practice and align with federal guidance related to state supervision requirements.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 97.1071 defines criteria for special program monitoring, review, and support that a school district or open-enrollment charter school must engage in with TEA.

New subsection (a) would define school districts to include open-enrollment charter schools.

Re-lettered subsection (b) would be amended to include 34 Code of Federal Regulations (CFR), §§300.600-300.609, as part of the compliance requirements that school districts are subject to for general supervision and monitoring. Re-lettered subsection (b)(2) would be amended to update a cross reference to include Texas Education Code (TEC), §39.003 and §39.004, as part of the activities for intensive or special investigative remote or on-site reviews.

New subsection (d) would be added to provide compliance requirements for program effectiveness to include emergent bilingual students in TEC, §29.062. This TEC citation would also be added to re-lettered subsection (j).

The proposed changes to re-lettered subsections (e), (f), and (j) would update a cross reference to 19 TAC §97.1001, where provisions for Results Driven Accountability are addressed.

Re-lettered subsection (h) would be amended to change the cyclical monitoring process from discretionary to mandatory as required by federal guidance.

Re-lettered subsection (k) would be amended to include reference to 19 TAC §89.1076, which describes the system of interventions and sanctions established to ensure program effectiveness and compliance with federal and state requirements for special education and related services. Paragraphs (1), (2), (4), (5), (6), (7), and (8) would be deleted as these guidelines are already established in §89.1076.

To comply with current federal requirements as to how a state will address what is termed an "area of concern," new subsection (l) would be added to establish a process that provides for the investigation and issuance of findings regarding alleged violations of the Individuals with Disabilities Education Act (IDEA), Part B, or a state statute or administrative rule created to implement IDEA. Proposed new subsection (l) would define "area of concern"; provide guidelines that apply to the process of investigating and issuing findings for alleged violations of IDEA, Part B; and describe the actions TEA may take when receiving, investigating, substantiating, and acting on a substantiated area of concern.

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

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

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

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation to align with federal regulations related to state supervision and clarify current program practices. This expansion is necessary as TEA is charged with supervision and monitoring of school district and open-enrollment charter school compliance with IDEA, Part B.

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 defining criteria for special program monitoring, review, and support that a school district must engage in with TEA. There is no anticipated economic cost to persons who are required to comply with the proposal.

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

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

PUBLIC COMMENTS: The public comment period on the proposal begins May 24, 2024, and ends June 24, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Public hearings will be conducted to solicit testimony and input on the proposed amendment at 9:30 a.m. on May 30 and 31, 2024. The public may participate in either hearing virtually by linking to the hearing at https://zoom.us/j/95891521987. 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 hearing will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearing should be directed to Derek Hollingsworth, Special Populations Policy, Reporting and Technical Assistance, Derek.Hollingsworth@tea.texas.gov.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §7.028, which establishes limitations on compliance monitoring; TEC, §28.006, which establishes requirements for reading diagnostic instruments; TEC, §29.062, which establishes compliance requirements for programs designed for emergent bilingual students; TEC, §38.003, which establishes criteria for screening and treatment for dyslexia and related disorders; TEC, §39.003, which establishes the authority for special investigations; TEC, §39.004, which establishes the conduct of special investigations; TEC, §39.056, which establishes criteria for monitoring reviews; 34 Code of Federal Regulations (CFR), §300.149, which lists the state's responsibility for general supervision of the Individuals with Disabilities Education Act (IDEA), Part B; and 34 CFR, §§300.600-300.609, which describe the requirements for state monitoring and enforcement of IDEA, Part B.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§7.028, 28.006, 29.062, 38.003, 39.003, 39.004, and 39.056; and 34 Code of Federal Regulations, §§300.149 and 300.600-300.609.

§97.1071.Special Program Performance; Monitoring, Review, and Supports.

(a) For purposes of this section, school districts include open-enrollment charter schools.

(b) [~~(a)~~] School districts [~~and open-enrollment charter schools~~] are subject to general supervision and monitoring activities for compliance with state law and federal regulation, including 34 Code of Federal Regulations (CFR), §§300.600-300.609, and review of program implementation and effectiveness within certain special populations of students. Activities may include:

(1) random, targeted, or cyclical reviews authorized under Texas Education Code (TEC), §39.056, conducted remotely or on-site to identify problems implementing state and federal requirements and to provide support for development of reasonable and appropriate strategies to address identified problems; and/or

(2) intensive or special investigative remote or on-site reviews authorized under TEC, §39.003 and §39.004 [~~§39.057~~].

(c) [~~(b)~~] Activities described in subsection (b) [~~(a)~~] of this section are applicable for compliance with requirements for reading diagnosis in TEC, §28.006, and dyslexia and related disorders in TEC, §38.003, and §74.28 of this title (relating to Students with Dyslexia and Related Disorders).

(d) Activities described in subsection (b) of this section are applicable for compliance with requirements for program effectiveness for emergent bilingual students in TEC, §29.062.

(e) [~~(c)~~] The commissioner of education shall assign school districts[~~, including open-enrollment charter schools,~~] an annual determination level based on performance levels of certain special populations student groups under §97.1001 of this title (relating to Accountability Rating System) [~~§97.1005 of this title (relating to Results Driven Accountability)~~] according to the following general criteria:

(1) the degree to which the district's performance reflects a need for targeted or intensive supports, as indicated by the seriousness, number, extent, and duration of the student performance, program effectiveness, and/or program compliance deficiencies identified by the Texas Education Agency (TEA);

(2) a comparison of the district's performance relative to aggregated state performance and state performance standards;

(3) a statistical distribution of districts exhibiting a comparable need for targeted support; and

(4) the length of time the performance standard has been in place and the length of time the district has exhibited deficiencies under the standard.

(f) [~~(d)~~] In addition to performance levels determined under §97.1001 [~~§97.1005~~] of this title, the commissioner may consider any other applicable information, such as:

(1) complaints investigation results;

(2) special education due process hearing decisions;

(3) data validation activities;

(4) integrity of assessment or financial data;

(5) longitudinal intervention history; and

(6) other federally required elements.

(g) [~~(e)~~] The standards used to assign districts to specific determination levels under this section are established annually by the commissioner and communicated to all school districts. Determination level categories for assignment include:

(1) meets requirements;

(2) needs assistance;

(3) needs intervention; and

(4) needs substantial intervention.

(h) [~~(f)~~] In addition to determination levels described in subsections [~~(c) and~~] (e) and (g) of this section, the commissioner shall [~~may~~] develop a system of cyclical monitoring to ensure every district participates in general supervision activities. Based on a district's assigned determination level, as part of its cyclical monitoring process, or as part of compliance monitoring activities, a district may be required to implement and/or participate in:

(1) focused self-analysis of district data and program effectiveness;

(2) focused remote and/or on-site review;

(3) required stakeholder engagement;

(4) focused compliance reviews;

(5) strategic support and continuous improvement planning; and/or

(6) corrective action plan development.

(i) [~~(g)~~] The commissioner shall notify in writing each district identified for review under this section as a result of assigned determination level or cyclical selection prior to requiring a district to implement or participate in any activities included in subsection (h)(1)-(6) [~~(f)(1)-(6)~~] of this section.

(j) [~~(h)~~] Actions taken under this section are intended to assist the district in raising its performance and/or achieving compliance under §97.1001 [~~§97.1005~~ ] of this title, statutory requirements in TEC, §§28.006, 29.062, and [§]38.003, and §74.28 of this title and do not preclude or substitute for a sanction under another provision of this subchapter.

(k) [~~(i)~~] Actions taken under this section do not preclude or substitute for other responses to or consequences of program ineffectiveness or noncompliance identified by [~~the~~] TEA, such as those described in §89.1076 of this title (relating to Interventions and Sanctions) and[:]

~~[(1) required fiscal audit of specific program(s) and/or of the district, paid for by the district;]~~

~~[(2) required submission of improvement and/or corrective action plan(s), including the provision of compensatory services as appropriate, paid for by the district;]~~

[~~(3)~~] expanded oversight, including, but not limited to, frequent follow-up contacts with the district, submission of documentation verifying implementation of intervention activities and/or an improvement plan, and submission of district/program data. [;]

~~[(4) public release of monitoring review findings;]~~

~~[(5) denial of requests under TEC, §7.056 and/or §12.114;]~~

~~[(6) reduction, suspension, redirection, or withholding of program funds;]~~

~~[(7) lowering of the special education determination level of the district; and/or]~~

~~[(8) lowering of the district's accreditation status, academic accountability rating, and/or financial accountability rating.]~~

(l) In exercising its general supervision authority under 34 CFR, §300.149 and §300.600, TEA has established a process that provides for the investigation and issuance of findings regarding alleged violations of the Individuals with Disabilities Education Act (IDEA), Part B, or a state statute or administrative rule created to implement IDEA, that arise from an area of concern. The following guidelines shall apply to this process.

(1) "Area of concern" means that TEA has been made aware of an allegation regarding a violation of, or noncompliance with, a requirement of IDEA, Part B, or a state special education law or administrative rule.

(2) Information and awareness of an area of concern may arise directly from TEA or from external sources.

(3) TEA will engage in a process to determine if an area of concern is determined to be credible, and, if determined credible, TEA will initiate an investigation to determine if findings of noncompliance will be issued.

(4) A media report or social media post alleging special education noncompliance, as well as an anonymous report of alleged noncompliance, will not be treated as an area of concern unless TEA identifies or receives information and facts that a specific violation of state or federal law or rule has occurred if the allegation were to be confirmed true.

(5) When an individual reports an allegation of special education noncompliance, TEA may direct the individual to the established dispute resolution processes. Depending on the frequency or specificity of the type of allegation made, TEA may engage in the activities described in paragraph (3) of this subsection.

(6) The process and investigation described in paragraph (3) of this subsection may include one or more of the following actions:

(A) contacting the district that is the subject of the allegation to gather more information, which may include staff, parent, or student interviews, and requesting a response to an allegation;

(B) reviewing existing citations of noncompliance or any noncompliance identified within the last two school years on the same or similar alleged violation;

(C) reviewing filed state complaints that are in process of being investigated or that have been substantiated within the last two school years on the same or similar alleged violation;

(D) reviewing due process hearing decisions issued within the last two years in which the hearing officer's final written decision contains a finding of noncompliance on the same or similar alleged violation;

(E) contacting groups that represent or advocate for families and communities served by the district;

(F) reviewing and analyzing available student- or district-level data that relate to the alleged violation;

(G) reviewing and analyzing fiscal and program information, such as grant applications, contracts, self-assessments, and other special education documents submitted to TEA by the district; and

(H) any other activity or measure within TEA's general supervision and monitoring authority.

(7) TEA may apply any intervention or sanction within its authority if noncompliance or a violation is substantiated, including those described in subsection (h) of this section and §89.1076 of this title.

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 May 13, 2024.

TRD-202402140

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 23, 2024

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