Proposed Rules Title 19

TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

SUBCHAPTER F. ADVISORY COMMITTEE ON RESEARCH PROGRAMS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter F, §§1.121 - 1.127, Advisory Committee on Research Programs. Specifically, this repeal will eliminate the subchapter and the committee itself, which is no longer necessary because the research funding programs have not been funded by the Legislature in several biennia, making the advisory committee unnecessary.

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the elimination of an advisory committee that no longer meets because the programs it is charged with administering are no longer funded. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

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

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

§1.121.Authority and Specific Purposes of the Advisory Committee on Research Programs.

§1.122.Definitions.

§1.123.Committee Membership and Officers.

§1.124.Duration.

§1.125.Meetings.

§1.126.Tasks Assigned the Committee.

§1.127.Report to the Board; Evaluation of Committee 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 September 27, 2024.

TRD-202404665

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER N. GRADUATE EDUCATION ADVISORY COMMITTEE

19 TAC §§1.178 - 1.184

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter N, §§1.178 - 1.184, Graduate Education Advisory Committee. Specifically, this repeal will eliminate the subchapter and the committee itself, which was set to be abolished no later than October 31, 2021, and which no longer meets.

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the elimination of rules establishing and relating to an advisory committee that was set to be abolished no later than October 31, 2021, and which no longer meets. 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 Administrative Code, Title 19, Part 1, Chapter 1, Subchapter N.

§1.178.Authority and Specific Purposes of the Graduate Education Advisory Committee.

§1.179.Definitions.

§1.180.Committee Membership and Officers.

§1.181.Duration.

§1.182.Meetings.

§1.183.Tasks Assigned the Committee.

§1.184.Report to the Board; Evaluation of Committee 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 September 27, 2024.

TRD-202404666

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER Q. COMMUNITY AND TECHNICAL COLLEGE LEADERSHIP COUNCIL

19 TAC §§1.199 - 1.205

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter Q, §§1.199 - 1.205, Community and Technical College Leadership Council. Specifically, this repeal will eliminate the subchapter and the committee itself, which was set to be abolished no later than October 31, 2021, and which no longer meets.

Lee Rector, Associate Commissioner for Workforce Education, 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.

Lee Rector, Associate Commissioner for Workforce Education, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the elimination of rules establishing and relating to an advisory committee that was set to be abolished no later than October 31, 2021, and which no longer meets. 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 Lee Rector, Associate Commissioner for Workforce Education, P.O. Box 12788, Austin, Texas 78711-2788, or via email at rulescomments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

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

§1.199.Authority and Specific Purposes of the Community and Technical College Leadership Council.

§1.200.Definitions.

§1.201.Council Membership and Officers.

§1.202.Duration.

§1.203.Meetings.

§1.204.Tasks Assigned to the Council.

§1.205.Report to the Board, Evaluation of Council 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 September 27, 2024.

TRD-202404667

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER R. UNDERGRADUATE EDUCATION ADVISORY COMMITTEE

19 TAC §§1.206 - 1.212

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter R, §§1.206 - 1.212, Undergraduate Education Advisory Committee. Specifically, this repeal will eliminate the subchapter and the committee itself, which was set to be abolished no later than October 31, 2021, and which no longer meets.

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the elimination of rules establishing and relating to an advisory committee that was set to be abolished no later than October 31, 2021, and which no longer meets. 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 Administrative Code, Title 19, Part 1, Chapter 1, Subchapter R.

§1.206.Authority and Specific Purposes of the Undergraduate Education Advisory Committee.

§1.207.Definitions.

§1.208.Committee Membership and Officers.

§1.209.Duration.

§1.210.Meetings.

§1.211.Tasks Assigned the Committee.

§1.212.Report to the Board; Evaluation of Committee 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 September 27, 2024.

TRD-202404668

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER BB. TEXAS APPLICATION FOR STATE FINANCIAL AID ADVISORY COMMITTEE

19 TAC §§1.9100 - 1.9106

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter BB, §§1.9100 - 1.9106, Texas Application for State Financial Aid Advisory Committee. Specifically, this repeal will eliminate the subchapter and the committee itself, which was set to be abolished no later than January 1, 2023, and which has fulfilled its stated mission of providing a report to the Board.

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 sections are in effect, the public benefit anticipated as a result of administering the sections will be the elimination of an advisory committee which was set to be abolished no later than no later than January 1, 2023, and which has already fulfilled its stated mission of providing a report to the Board. 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 Education Code, Section 61.07762, which provides the Coordinating Board with the authority to adopt and publish rules related to the Texas Application for State Financial Aid in accordance with Texas Government Code, Chapter 2001.

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

§1.9100.Authority and Specific Purpose of the Texas Application for State Financial Aid (TASFA) Advisory Committee.

§1.9101.Definitions.

§1.9102.Committee Membership and Officers.

§1.9103.Duration.

§1.9104.Meetings.

§1.9105.Tasks Assigned to the Committee.

§1.9106.Report to the Board.

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 September 27, 2024.

TRD-202404669

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER DD. TITLE IX TRAINING ADVISORY COMMITTEE

19 TAC §§1.9531 - 1.9536

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter DD, §§1.9531 - 1.9536, Title IX Training Advisory Committee. Specifically, this repeal will eliminate the subchapter and the committee itself, which was set to be abolished no later than November 1, 2023, and which has fulfilled its stated mission of creating Title IX training slides.

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the elimination of rules establishing and relating to an advisory committee that was set to be abolished no later than November 1, 2023, and which has fulfilled its stated mission of creating Title IX training slides. 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 Cathie Maeyaert, Director, Private Postsecondary Institutions, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Cathie.Maeyaert@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

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

§1.9531.Authority and Purpose of the Title IX Training Advisory Committee.

§1.9532.Definitions.

§1.9533.Committee Membership and Officers.

§1.9534.Duration.

§1.9535.Meetings and Tasks of the Committee.

§1.9536.Report to the Board; Evaluation of Committee 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 September 27, 2024.

TRD-202404670

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER EE. STUDY AND REPORT ON CORE CURRICULUM ADVISORY COMMITTEE

19 TAC §§1.9541 - 1.9546

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter EE, §§1.9541 - 1.9546, Study and Report on Core Curriculum Advisory Committee. Specifically, this repeal will eliminate the subchapter and the committee itself, which was set to be abolished no later than September 1, 2021, and which has fulfilled its stated mission of providing a report on the transfer of core curriculum course credits.

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the elimination of an advisory committee which was set to be abolished no later than September 1, 2021, and which has already fulfilled its stated mission of providing a report on the transfer of core curriculum course credits. 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 Administrative Code, Title 19, Part 1, Chapter 1, Subchapter EE.

§1.9541.Authority and Purpose of Study and Report on Core Curriculum Advisory Committee.

§1.9542.Definitions.

§1.9543.Committee Membership and Officers.

§1.9544.Duration.

§1.9545.Meetings and Tasks of the Committee.

§1.9546.Report to the Board; Evaluation of Committee 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 September 27, 2024.

TRD-202404671

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

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

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §4.5

The Texas Higher Education Coordinating Board (Coordinating Board) proposes repeal of Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter A, §4.5, relating to the Common Calendar. It has been determined that the Coordinating Board does not have statutory authority to require an institution to seek approval by the agency if its academic calendar begins or ends outside of a given date range. The Coordinating Board has also not been able to identify any reporting or data that would be impacted by the repeal since the student census date is set by statute and other reporting deadlines are outlined in alternate requirements.

Fiscal Notes, Regulatory Flexibility Analyses, and Local Employment Impact

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

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

Elizabeth Mayer, Assistant Commission for Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be reduced administrative burden for institutions to set academic calendars that best suit the institution. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

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

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

§4.5.Common Calendar.

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 September 27, 2024.

TRD-202404674

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

CHAPTER 6. HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS

SUBCHAPTER C. TOBACCO LAWSUIT SETTLEMENT FUNDS

19 TAC §6.74

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 6, Subchapter C, §6.74, concerning the Minority Health Research and Education Grant Program. Specifically, this repeal will improve organization and consistency for Coordinating Board grant program rules overall, and improve rules for the application, review, and awarding of funds for the Minority Health Research and Education Grant Program. The Board proposes for adoption at its October Board meeting new rules governing the program in Chapter 10, Subchapter J.

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

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

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

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

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

§6.74.Minority Health Research and Education Grant 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 September 27, 2024.

TRD-202404675

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

CHAPTER 10. GRANT PROGRAMS

SUBCHAPTER C. STATEWIDE PRECEPTORSHIP GRANT PROGRAM

19 TAC §§10.70 - 10.78

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter C, §§10.70 - 10.78, concerning the Statewide Preceptorship Grant Program. Specifically, this new section will codify in rule Coordinating Board processes and procedures for administering the grant program. The Coordinating Board used negotiated rulemaking to develop these proposed rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

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

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

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

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

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

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

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

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

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

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be to provide guidance on the process and criteria for applying for grants awarded through the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

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

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

§10.70. Purpose.

The purpose of this subchapter is to administer the Statewide Preceptorship Grant Program to provide funding support to preceptorship programs in general internal medicine, family medicine, and general pediatrics.

§10.71. Authority.

The authority for this subchapter is found in Texas Education Code, §58.006, which provides the Coordinating Board with authority to operate the statewide preceptorship program.

§10.72. Definitions.

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

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

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

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

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

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

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

§10.73. Eligibility.

To be eligible to apply for and receive funding under the Program an entity must:

(1) qualify for exemption from federal income tax under Section 501, Internal Revenue Code of 1986 (26 U.S.C. Section 501); or

(2) be operated by a state accredited medical school; and

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

§10.74. Application Process.

(a) Unless otherwise specified in the RFA, an eligible entity may not submit more than one application.

(b) Each Applicant shall limit participation to students with a documented interest in a primary care career.

(c) To qualify for funding consideration, an eligible applicant must submit an application to the Board. The application shall:

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

(2) adhere to the grant program requirements contained in the RFA and these rules; and

(3) be submitted with proper authorization on or before the day and time specified by the RFA.

§10.75. Evaluation.

(a) The Commissioner shall competitively select applicants for funding based on requirements and award criteria provided in the RFA and these rules.

(b) At a minimum, an applicant shall:

(1) limit participation to students with documented interest in a primary care career; and

(2) maximize use of award funds to support medical student participation in, and only for activities related to, preceptorship programs in general internal medicine, family medicine, and general pediatrics.

§10.76. Grant Awards.

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

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

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

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

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

§10.77. Reporting.

(a) Grantee shall submit narrative reports within the deadlines and format set forth in the RFA and shall include the following:

(1) the number of program preceptor matches, the number of participating medical students, and the number of participating preceptors;

(2) student participation by medical school in each fiscal year of the Grant Period;

(3) student and preceptor participation by specific preceptor location;

(4) the intended specialty training of medical students participating in the preceptorship program;

(5) a description of efforts to secure local and other support for the program, including information on in-kind grants of supplies, time, and property allocated to the program;

(6) narrative status report on the development of the program;

(7) Project Work Plan. The Applicant shall submit, with the Application, an updated workplan which must be supplemented for each interim report and for the final report; and

(8) any other information required by the RFA.

(b) Grantee shall submit expenditure reports within the deadlines and format set forth in the RFA.

§10.78. Additional Requirements.

(a) Grantee shall return any unexpended funds to the Coordinating Board within ninety (90) days after the end of the Grant Period unless otherwise agreed in writing by the Commissioner and Grantee.

(b) Any funds that were expended in violation of this Grant shall be refunded to the Coordinating Board within thirty (30) days of Coordinating Board's notification of such prohibited expenditure or Grantee's loss of eligibility to receive grant funds under this Program.

(d) Any Coordinating Board overallocation of grant funds to Grantee shall be promptly returned to the Coordinating Board.

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

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 September 27, 2024.

TRD-202404676

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

CHAPTER 14. RESEARCH FUNDING PROGRAMS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 14, Subchapter A, §14.1 and §14.2, General Provisions; Subchapter B, §§14.11 - 14.13, Norman Hackerman Advanced Research Program; Subchapter C, §§14.31 - 14.33, Advanced Technology Program; Subchapter D, §§14.51 - 14.53, Technology Development and Transfer Program; Subchapter E, §§14.72 - 14.79, Procedural Administration of the Research Funding Programs; and Subchapter F, §§14.91 - 14.95, Supplemental Grants Program for High School Teachers. Specifically, the repeal of Chapter 14 will eliminate unnecessary rules governing unfunded research funding programs.

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has determined that for the first five years the repeal is in effect there would be no fiscal implications for state or local governments as a result of repealing the rules.

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years after the repeal of the rules the public benefit anticipated as a result of repealing the Chapter 14 rules is to repeal unnecessary rules that govern research funding programs that the Legislature has not funded for several biennia.

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 existing rules;

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

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

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

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §14.1, §14.2

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

§14.1.Definitions.

§14.2.Authority and Scope.

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 September 27, 2024.

TRD-202404679

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER B. NORMAN HACKERMAN ADVANCED RESEARCH PROGRAM

19 TAC §§14.11 - 14.13

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

§14.11.Purpose.

§14.12.Eligibility.

§14.13.Evaluation Criteria.

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 September 27, 2024.

TRD-202404680

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER C. ADVANCED TECHNOLOGY PROGRAM

19 TAC §§14.31 - 14.33

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

§14.31.Purpose.

§14.32.Eligibility.

§14.33.Evaluation Criteria.

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 September 27, 2024.

TRD-202404681

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER D. TECHNOLOGY DEVELOPMENT AND TRANSFER PROGRAM

19 TAC §§14.51 - 14.53

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

§14.51.Purpose.

§14.52.Eligibility.

§14.53.Evaluation Criteria.

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 September 27, 2024.

TRD-202404682

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER E. PROCEDURAL ADMINISTRATION OF THE RESEARCH FUNDING PROGRAMS

19 TAC §§14.72 - 14.79

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

§14.72.Pre-proposals and Proposal Solicitation.

§14.73.Proposal Evaluation.

§14.74.Confidentiality.

§14.75.Appeals Procedure for Declined Applicants.

§14.76.Fundings and Grants.

§14.77.Progress Reports.

§14.78.Merit Review.

§14.79.Suspension and Termination of Funding.

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 September 27, 2024.

TRD-202404683

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER F. SUPPLEMENTAL GRANTS PROGRAM FOR HIGH SCHOOL TEACHERS

19 TAC §§14.91 - 14.95

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

§14.91.Purpose.

§14.92.Eligibility.

§14.93.Application and Review Procedure.

§14.94.Grants and Grant Conditions.

§14.95.Reporting Requirements.

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 September 27, 2024.

TRD-202404684

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §22.7

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter A, §22.7, concerning Dissemination of Information and Rules. Specifically, this repeal will eliminate an unnecessary provision in the General Provisions relating to many of the Coordinating Board's financial aid programs. The Coordinating Board is authorized to adopt rules to effectuate the provisions of Texas Education Code, Chapter 61, including §61.051(a)(5) regarding the administration of financial aid programs.

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

Dr. Charles 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 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. 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 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 Education Code, Section 61.051(a)(5), which provides the Coordinating Board with the authority to administer state financial aid programs.

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

§22.7.Dissemination of Information and 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 September 27, 2024.

TRD-202404677

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER F. MATCHING SCHOLARSHIPS TO RETAIN STUDENTS IN TEXAS

19 TAC §§22.113 - 22.115

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter F, §§22.113 - 22.115, concerning Matching Scholarships to Retain Students in Texas. Specifically, this amendment makes nonsubstantive changes to rule language to conform with other program rules in the chapter. The Coordinating Board is authorized to adopt rules as necessary by Texas Education Code, §61.087.

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

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

Dr. Charles 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 through consistent language usage. 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 61.087, which provides the Coordinating Board with the authority to adopt rules regarding matching scholarships to retain students in Texas.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter F.

§22.113.Eligible Institutions.

Eligible institutions include institutions of higher education and private or independent institutions of higher education as defined in §22.1 of this chapter (relating to Definitions) [~~the Texas Education Code, Chapter 61.003~~].

§22.114.Eligible Students.

To be eligible to receive a scholarship under this subchapter [~~an award through this program~~], a student must:

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

(2) provide proof to the Texas institution that he or she has been offered a non-athletic scholarship or grant, including an offer of payment of tuition, fees, room and board, or a stipend, by an out-of-state institution; and

(3) have been accepted for admission to the out-of-state institution offering the assistance.

§22.115.Funds for Awards.

(a) Upon receipt of proof that a student is eligible, an eligible institution may use any funds appropriated to the institution or other funds that the institution may use for [~~the awarding of~~] scholarships or grants, to offer the student a scholarship [~~an award~~] that matches, in whole or in part, the offer from the out-of-state institution.

(b) In identifying which funds may be used for making matching scholarships through this subchapter, the institution must exclude funds for any program for which the student recipient would be disqualified by federal or state statute, donor specifications, or any funds that are otherwise restricted by law.

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 September 30, 2024.

TRD-202404693

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER G. TEXAS COLLEGE WORK-STUDY PROGRAM

19 TAC §§22.128 - 22.131, 22.133, 22.135

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter G, §§22.128 - 22.131, 22.133, and 22.135, concerning the Texas College Work-Study Program. Specifically, this amendment will align rule language and terminology, clarify potential ambiguities, and more clearly specify rule applicability to improve the clarity and navigability of the program rules. The Coordinating Board is authorized to adopt rules related to the Texas College Work-Study (TCWS) Program by Texas Education Code (TEC), §§56.073 and 56.077.

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

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

Rule 22.129, Eligible Institutions, is amended to more closely align institutional eligibility with defined terms, specify the circumstances under which particular eligibility requirements apply, and simplify particular administrative requirements. The section is retitled to conform with rule naming conventions used throughout the chapter. Amendments to subsection (a) are nonsubstantive and meant only to align with defined terms in §22.1. The phrase "except theological or religious seminaries" in paragraph (a)(1) is removed because it has been incorporated into the definition of "private or independent institution of higher education" in §22.1; the underlying restriction is unchanged. Subsections (c) and (d) are amended, first, to clarify that the requirements apply to institutions' participation in the TCWS program as employers. Paragraph (d)(3) relates to other participating entities, not the institution, and therefore is relocated to §22.131(b). Subsection (e) was determined to be outdated and unnecessary to the administration of the program and is therefore eliminated.

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

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

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

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

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

Dr. Charles 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 navigability. 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 are proposed under Texas Education Code, Section 56.073, which provides the Coordinating Board with the authority to adopt rules related to the Texas College Work-Study Program.

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

§22.128.Definitions.

In addition to the words and terms defined in [~~Texas Administrative Code,~~] §22.1 of this chapter [~~title~~] (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

~~[(1) Encumbered funds--Program funds that have been offered to a specific student, which offer the student has accepted, and which may or may not have been disbursed to the student.]~~

~~[(2) Forecast--The FORECAST function in Microsoft Excel, or a comparable forecasting function.]~~

[(3) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in Texas Education Code, §61.003(8) or any private or independent institution of higher education as defined in Texas Education Code, §61.003(15).]

~~[(4) Program--The Texas College Work-Study Program.]~~

(1) [~~(5)~~] Mentor--An eligible student employed to:

(A) help students at participating eligible institutions or to help high school students in participating school districts;

(B) counsel high school students at high school-based recruiting centers designed to improve access to higher education; or

(C) support student interventions at participating eligible institutions that are focused on increasing completion of degrees or certificates, such as interventions occurring through advising or supplemental instruction.

(2) [~~(6)~~] Mentorship Program--A work-study student mentorship program under which students enrolled at participating institutions and who met the eligibility requirements for employment in the Texas College Work-Study Program may be employed by participating entities as mentors, tutors, or advisors.

(3) [~~(7)~~] Participating Entity--An eligible institution, a school district, or a nonprofit organization that has filed a memorandum of understanding with the Coordinating Board under this subchapter to participate in the Mentorship Program.

(4) Program--The Texas College Work-Study Program.

§22.129.Eligible Institutions.

(a) Eligibility.

(1) Any [~~public, private, or independent~~] institution of higher education or private or independent institution of higher education, as the terms are defined by §22.1 of this chapter (relating to Definitions) [~~Texas Education Code, §61.003, except a theological or religious seminary~~], is eligible to participate in the Program and/or the Mentorship Program.

(2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment.

(4) Private or independent institutions of higher education offering only professional or graduate degrees are not eligible to participate in the Mentorship Program.

(b) Approval.

(1) Agreement. Each approved institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to be employed in a work-study position [~~receive grants~~] in the following fiscal year.

(1) provide part-time employment to an eligible student in nonpartisan and nonsectarian activities;

(2) provide, insofar as is practicable, employment to an eligible student that is related to the student's academic interests;

(3) use Program positions only to supplement and not to supplant positions normally filled by persons not eligible to participate in the work-study program; and

(4) provide not less than 25 percent of an employed student's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds. Institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Program requirement to provide 25 percent of an employed student's wages, if they provide the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.

(d) To participate in the Mentorship Program as an employer, an institution must:

(1) [~~an institution must~~] file with the Coordinating Board a memorandum of understanding detailing the roles and responsibilities of each participating entity; and

(2) [~~an institution must~~] provide not less than 10 percent of an employed mentor's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds. Institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Mentorship Program requirement to provide 10 percent of an employed student's wages, if they provide the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.[~~; and~~]

[(3) a participating entity, other than an institution of higher education, benefiting from the services of the mentor must provide funding in an amount at least equal to the amount of the institution's contribution. The participating entity's contribution may be satisfied through in-kind contributions, if acceptable by the institution. Participating entities benefiting from the service of mentors enrolled at institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Mentorship Program requirement to provide matching funds, if the institution has provided the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.]

[(e) Additional criteria for participation and program requirements for the Mentorship Program shall be determined and set forth in Commissioner's policies. The Commissioner's policies shall be reviewed periodically to determine the effectiveness and success of the Program.]

(e) [~~(f)~~] Publicizing Work-Study Employment Opportunities. Institutions participating in the Program must establish and maintain an online list of work-study employment opportunities available on campus, sorted by department as appropriate, and ensure that the list is easily accessible to the public and prominently displayed on the institution's website.

§22.130.Eligible Students [~~Student Employees~~].

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

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

(2) be enrolled [~~for~~] at least [~~the number of hours required of a~~] half-time [~~student~~], as determined by the student's institution, and be seeking a degree or certificate [~~certification~~] in an eligible institution;

(3) show [~~establish~~] financial need, as defined by §22.1 of this chapter [~~in accordance with Board procedures~~];

(4) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration [have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law]; and

(5) if participating in the Mentorship Program, receive appropriate training and supervision as determined by the [~~Commissioner or~~] Coordinating Board [~~staff~~].

(b) A person is not eligible to participate in the Program if the person:

(1) concurrently receives an athletic scholarship; or

(2) is enrolled in a seminary or other program leading to ordination or licensure to preach for a religious sect or to be a member of a religious order.

§22.131.Eligible Off-Campus Employers.

(a) For the Mentorship Program, an eligible institution must file, in conjunction with the participating school district(s) or nonprofit organization(s), a memorandum of understanding with the Coordinating Board.

(b) For the Mentorship Program, a participating entity, other than an institution of higher education, benefiting from the services of the mentor must provide funding in an amount at least equal to the amount of the institution's contribution, as described by §22.129(d)(2) of this subchapter (relating to Eligible Institutions). The participating entity's contribution may be satisfied through in-kind contributions, if acceptable by the institution.

(c) [~~(b)~~] An eligible institution may enter into agreements with off-campus employers to participate in the Program. To be eligible to participate, an off-campus employer must:

(1) provide part-time employment to an eligible student in nonpartisan and nonsectarian activities;

(2) provide, insofar as is practicable, employment to an eligible student that is related to the student's academic interests;

(3) use Program positions only to supplement and not to supplant positions normally filled by persons not eligible to participate in the work-study program; and

(4) either:

(A) [~~(4)~~] unless the institution enrolling the eligible student is eligible for a waiver of matching funds under §22.129(c)(4) of this subchapter [~~subsection (b) of this section~~], provide not less than 25 percent of an employed student's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds, if the employer is a nonprofit entity; or

(B) [~~(5)~~] provide not less than 50 percent of an employed student's wages and 100 percent of other employee benefits for the employed student, if the employer is a profit-making entity.

[(c) Institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Program requirement to provide 25 percent of an employed student's wages, if they provide the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.]

§22.133.Allocation of Funds.

(a) [~~Allocations for Fiscal Year 2024 and later.~~] Allocations for the Program are to be determined on an annual basis as follows:

(1) All eligible institutions will be invited to participate in the Texas College Work-Study Program and/or the Work-Study Mentorship Program, prior to the start of the biennium; those choosing not to participate will be excluded from calculations for the relevant year.

(2) The annual allocation share for each institution choosing to participate will be its three-year average share of the total statewide number of students who met the following criteria:

(A) were [~~classified as Texas~~] residents of Texas, as defined in §22.1 of this chapter (relating to Definitions);

(B) were enrolled in a degree or certificate program at least half-time, with full-time students weighted as 1, three-quarter time students weighted as 0.75, and half-time students weighted as 0.50, as reported in the Financial Aid Database submission; and

(C) have a 9-month Expected Family Contribution, calculated using federal methodology, less than or equal to the Federal Pell Grant eligibility cap for the year reported in the Financial Aid Database submission.

(3) Institutions indicating participation in both the Texas College Work-Study and the Work-Study Mentorship Program will have their number of students who meet the criteria listed above increased by 60 percent [~~60%~~] prior to the calculation of the allocation shares.

(4) Institutions indicating participation in only one of the Texas College Work-Study and the Work-Study Mentorship Programs may only use allocated funding for the program in which they indicated intention to participate. Institutions indicating participation in both the Texas College Work-Study and the Work-Study Mentorship Program must disburse a minimum of 25 percent [~~25%~~] of their allocation to students participating in the Mentorship Program.

(5) Sources of data. The source of data used for the allocations are the three most recently certified Financial Aid Database reports submitted to the Coordinating Board by the institutions.

(6) Allocations for both years of the state appropriations' biennium will be completed at the same time. For the allocation process of the second year of the state appropriations' biennium, the sources of data outlined in paragraph (5) of this subsection will be utilized to forecast an additional year of data. This additional year of data, in combination with the two most recent years outlined in paragraph (5) of this subsection, will be utilized to calculate the three-year average share outlined in paragraph (2) of this subsection. Institutions will receive notification of their allocations for both years of the biennium at the same time.

~~[(b) Allocations for Fiscal Year 2023 and prior. Allocations for the Program are to be determined on an annual basis as follows:]~~

~~[(1) All eligible institutions will be invited to participate; those choosing not to participate will be left out of the calculations for the relevant year.]~~

~~[(2) The allocation base for each institution choosing to participate will be the number of students it reported in the most recent financial aid database report who met the following criteria:]~~

~~[(A) were classified as Texas residents;]~~

~~[(B) were enrolled at least half-time, with full-time students weighted as 1 and part-time students weighted as .5;]~~

~~[(C) completed either the FAFSA or TASFA; and]~~

[(D) have a 9-month Expected Family Contribution less than the simple average in-district 9-month cost of attendance for community college students enrolled for 30 semester credit hours while living off campus, as reported in the most recent year's College Student Budget Report.]

~~[(3) Each institution's share of the available funds will equal its share of the state-wide total of students who meet the criteria in paragraph (2) of this subsection.]~~

(b) [~~(c)~~] Verification of Data. Allocation calculations will be shared with all participating institutions for comment and verification prior to final posting and the institutions will be given 10 working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the data they submitted or to advise the Coordinating Board [~~staff~~] of any inaccuracies.

(1) If annual funding for the program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.

(2) If annual funding is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.

§22.135.Disbursement of Funds.

(a) As requested by institutions throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students.

(b) Institutions will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation for timely disbursement to students. After that date, institutions lose claim to any funds in the current fiscal year not yet drawn down from the Board for timely disbursement to students.

(c) Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Coordinating Board for utilization in financial aid processing.

(d) Should these unspent funds result in additional funding available for the next year's program, revised allocations, calculated according to the allocation methodology outlined in this subchapter, will be issued to participating institutions during the fall semester.

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 September 27, 2024.

TRD-202404678

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER I. TEXAS ARMED SERVICES SCHOLARSHIP PROGRAM

19 TAC §§22.163 - 22.170

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to and new rules in Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter I, §§22.163 - 22.170, concerning the Texas Armed Services Scholarship Program. Specifically, this amendment and new section will align terminology and rule language throughout the chapter and restructure existing provisions to improve rule clarity and readability.

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

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

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

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

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

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

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

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

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

Dr. Charles 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, consistency, and readability. 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 61.9774, which provides the Coordinating Board with the authority to adopt rules related to the Texas Armed Services Scholarship Program.

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

§22.163.Authority and Purpose.

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, chapter 61, subchapter FF [~~Subchapter FF~~], Texas Armed Services Scholarship Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.9771 - 61.9776.

(b) Purpose. The purpose of the Texas Armed Services Scholarship Program is to encourage students to complete a baccalaureate degree and become members of the Texas Army National Guard, the Texas Air National Guard, the Texas State Guard, the United States Coast Guard, or the United States Merchant Marine, or to become commissioned officers in any branch of the armed services of the United States.

§22.164.Definitions.

In addition to the words and terms defined in [~~Texas Administrative Code,~~] §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

~~[(1) Award--The amount of a scholarship in an academic year, which may be comprised of multiple disbursements.]~~

[(2) Institution of Higher Education--As defined in Texas Education Code, §61.003(8), and which includes, for purposes of this subchapter, private or independent institutions of higher education as defined in Texas Education Code, §61.003(15).]

(1) [~~(3)~~] Contract to Serve [~~serve~~]--A legally-binding agreement between the recipient and the armed services of the United States, prescribing the terms of the military commitment that [~~to which~~] the recipient is obligated to serve.

(2) [~~(4)~~] Loan--A Texas Armed Services Scholarship that has become a loan as outlined in §22.170 of this subchapter (relating to Conversion of the Scholarship to a Loan).

(3) [~~(5)~~] Recipient--A person who has received a Texas Armed Services Scholarship.

(4) [~~(6)~~] Scholarship--A conditional scholarship through the Texas Armed Services Scholarship Program.

§22.165.Scholarship [~~Award~~] Amount [~~and Limitations~~].

(a) The amount of a scholarship in an academic year shall not exceed $15,000.

(b) A scholarship offered [~~awarded~~] to a student under this subchapter shall be reduced for an academic year by the amount by which the full amount of the scholarship plus the total amount to be paid to the student for being under contract with one of the branches of the armed services of the United States exceeds the student's [~~total~~] cost of attendance for that academic year at the institution of higher education or private or independent institution of higher education in which the student is enrolled.

[(c) A student may receive a scholarship for four years, if the student is enrolled in a degree program of four years or less, or for five years, if enrolled in a degree program of more than four years.]

[(d) A student may not receive a scholarship after having earned a baccalaureate degree or a cumulative total of 150 credit hours, including transferred hours, as verified by the student's institution of higher education.]

§22.166.[~~Requirements for~~] Appointment by Elected Officials.

(a) Each year the governor and the lieutenant governor may each appoint two students and two alternates, and each state senator and each state representative may appoint one student and one alternate to receive an initial scholarship.

(b) Appointments must be reported to the Coordinating Board by the deadline established by the Commissioner.

(c) Appointment Requirements. A selected student must meet two of the following four academic criteria at the time of application:

(1) Is on track to graduate high school or graduated with the Distinguished Achievement Program (DAP), the distinguished level of achievement under the Foundation High School program, or the International Baccalaureate Program (IB);

(2) Has a current high school GPA of 3.0 or higher or graduated with a high school GPA of 3.0 or higher;

(3) Achieved a college readiness score on the SAT or ACT;

(4) Is currently ranked in the top one-third of the prospective high school graduating class or graduated in the top one-third of the high school graduating class.

(d) If a student appointed to receive a scholarship fails to initially meet eligibility or fails to meet the requirements to initially receive the scholarship, the Coordinating Board must notify the alternate on file of his or her nomination.

(e) If a recipient's scholarship converts to a loan prior to graduation, beginning with the academic year following the determination, the appointing official may appoint another eligible student to receive any available funds designated for the recipient who no longer meets the requirements for the scholarship.

§22.167.Eligible Students [~~Award Eligibility~~].

To receive a scholarship, an appointed [~~a selected~~ ] student must:

(1) Be enrolled in an institution of higher education or a private or independent institution of higher education, as the terms are defined in §22.1 of this chapter (relating to Definitions) , as certified by that institution;

(2) Enroll in and be a member in good standing of a Reserve Officers' Training Corps (ROTC) program or another undergraduate officer commissioning program while enrolled in the institution of higher education or private or independent institution of higher education, as certified by that institution;

(3) Enter into a written agreement with the Coordinating Board, set forth in §22.168 of this subchapter (relating to Promissory Note); and

~~[(4) Be appointed to receive a scholarship by the governor, lieutenant governor, a state senator, or a state representative; and]~~

(4) [~~(5)~~] Maintain the satisfactory academic progress requirements as indicated by the financial aid office at the recipient's institution of higher education or private or independent institution of higher education.

§22.168.Promissory Note.

(a) The Coordinating Board shall require a recipient to sign a promissory note acknowledging the conditional nature of the scholarship and promising to repay the amount of the scholarship plus applicable interest, late charges, and any collection costs, including attorneys' fees, if the recipient fails to meet certain conditions of the scholarship, set forth in §22.170 of this subchapter (Conversion of the Scholarship to a Loan).

(b) Recipients agree to:

(1) Complete one year of ROTC training for each year that the student receives a scholarship, or the equivalent of one year of ROTC training if the institution of higher education or private or independent institution of higher education awards ROTC credit for prior service in any branch of the U.S. Armed Services or the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine, or another undergraduate officer commissioning program;

(2) Graduate no later than six years after the date the student first enrolls in an institution of higher education or private or independent institution of higher education [~~after having received a high school diploma or a General Educational Diploma or its equivalent~~];

(3) After graduation, enter into and provide the Coordinating Board with verification of:

(A) A four-year commitment to be a member of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; or

(B) A contract to serve as a commissioned officer in any branch of the armed services of the United States;

(4) Meet the physical examination requirements and all other prescreening requirements of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine, or the branch of the armed services with which the student enters into a contract.

§22.169.Discontinuation of Eligibility.

(a) A student may receive a scholarship for four years, if the student is enrolled in a degree program of four years or less, or for five years, if enrolled in a degree program of more than four years.

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

§22.170.Conversion of the Scholarship to a Loan.

(a) A scholarship will become a loan if the recipient:

(1) Fails to maintain satisfactory academic progress as described in §22.167 of this subchapter (relating to Eligible Students [~~Award Eligibility~~]);

(2) Withdraws from the scholarship program, as indicated through withdrawal or removal from the institution of higher education or private or independent institution of higher education or that institution's ROTC program or other undergraduate officer commissioning program, without subsequent enrollment in another institution of higher education or private or independent institution of higher education and that subsequent institution's ROTC program or other undergraduate officer commissioning program; or

(3) Fails to fulfill one of the following:

(A) a four-year commitment to be a member of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; or

(B) the minimum active service requirement included in a contract to serve as a commissioned officer in any branch of the armed services of the United States; honorable discharge is considered demonstration of fulfilling the minimum active service requirement.

(b) A scholarship converts to a loan if documentation of the contract or commitment outlined in subsection (a)(3) of this section is not submitted to the Coordinating Board within twelve months of graduation with a baccalaureate degree. Subsequent filing of this documentation will revert the loan back to a scholarship.

(c) If a recipient's scholarship converts to a loan, the recipient cannot regain eligibility for the Scholarship in any subsequent academic year.[:]

~~[(1) cannot regain award eligibility in a subsequent academic year; and]~~

~~[(2) loses eligibility to receive any future awards.]~~

(d) If a recipient requires a temporary leave of absence from the institution of higher education, private or independent institution of higher education, and/or the ROTC program or another undergraduate officer commissioning program for personal reasons or to provide service for the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine for fewer than twelve months, the Coordinating Board may agree to not convert the scholarship to a loan during that time.

(e) If a recipient is required to provide more than twelve months of service in the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine as a result of a national emergency, the Coordinating Board shall grant that recipient additional time to meet the graduation and service requirements specified in the scholarship agreement.

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 September 30, 2024.

TRD-202404694

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER K. TEXAS TRANSFER GRANT PROGRAM

19 TAC §§22.201 - 22.210

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter K, §§22.201 - 22.210, concerning the Texas Transfer Grant Program. Specifically, this amendment will align rule language and terminology with rules throughout the chapter to improve rule clarity. The Coordinating Board is authorized to adopt rules related to the Texas Transfer Grant Program by the Administrative Procedures Act, Texas Government Code, §2001.003(6).

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

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

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

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

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

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

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

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

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

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

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

Dr. Charles 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. 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 Government Code, Section 2001.003(6), which provides the Coordinating Board with the authority to adopt rules related to the Texas Transfer Grant Program.

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

§22.201.Definitions.

In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.

~~[(1) Encumbered Funds--Funds ready for disbursal to the institution, based on the institution having submitted to the Coordinating Board the required documentation to request funds.]~~

(1) [~~(2)~~] Grant--A Texas Transfer Grant provided through the Texas Transfer Grant Program.

(2) [~~(3)~~] Program--The Texas Transfer Grant Program.

§22.202.Eligible Institutions.

(a) Eligibility.

(1) A [~~Institutions eligible to make grants through the program are~~] medical or dental unit or [~~units, as the term is defined in Texas Education Code, §61.003(5), and~~] general academic teaching institution [~~institutions~~], other than a public state college [~~colleges~~], as the terms are [~~term is~~] defined in §22.1 of this chapter (relating to Definitions), is eligible to make a grant through this Program [~~Texas Education Code, §61.003(16)~~].

(2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each participating institution shall comply with [~~must follow~~] the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment.

(b) Approval.

(1) Agreement. Each eligible institution shall [~~must~~] enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to being approved to participate in the program.

(2) Approval Deadline.

[~~(A)~~] An institution must indicate an intent to participate in the program by June 1 and enter into an agreement with the Coordinating Board by August 31 for qualified students enrolled in that institution to be eligible to receive grants in the following biennium.

~~[(B) Notwithstanding subsection (A), for the 2023-2024 academic year, an institution may indicate intent to participate in the program by the administrative deadline established by the Commissioner.]~~

(c) Responsibilities. A participating institution is required to abide by the General Provisions outlined in subchapter A of this chapter.

§22.203.Eligible Students.

(a) To qualify for a grant through the Program, a student must:

(1) be a resident of Texas, as defined in §22.1 of this chapter (relating to Definitions) [~~have Texas resident status, as determined by chapter 21, subchapter B of this title (relating to Determination of Resident Status)~~];

(2) show financial need, as defined by §22.1 of this chapter [~~in the semester(s) in which a grant is offered~~];

(3) have applied for [~~any available~~] financial aid through the completion of the Federal Application for Federal Student Aid or, if the student is not eligible for federal financial aid, the Texas Application for State Financial Aid [~~assistance~~];

(4) be enrolled in a baccalaureate degree program at an eligible institution;

(5) be enrolled full-time [~~in the semester(s) in which a grant is offered~~] unless granted a hardship waiver of this requirement under §22.206 of this subchapter (relating to Hardship Provisions);

(6) make satisfactory academic progress toward the baccalaureate degree at the eligible institution, as defined in §22.204 of this subchapter (relating to Satisfactory Academic Progress) unless the student is granted a hardship extension in accordance with §22.206 of this subchapter [~~(relating to Hardship Provisions)~~];

(7) have been awarded an associate degree by a public junior college, [~~as defined in Texas Education Code, §61.003(2);~~] public technical institute, [~~as defined in Texas Education Code, §61.003(7);~~] or public state college as the terms are defined in §22.1 of this chapter [~~Texas Education Code, §61.003(16)~~], and credit hours earned toward completion of the associate degree must:

(A) include completion of the core curriculum or an abbreviated core curriculum related to a specific approved field of study curriculum transferable to one or more general academic teaching institutions;

(B) have been completed with at least a 2.5 grade point average; and

(C) have been completed prior to enrolling in a baccalaureate degree program at the institution offering a grant through this Program; [.]

(8) unless granted a hardship postponement in accordance with §22.206 of this subchapter [~~(relating to Hardship Provisions)~~ ], have enrolled in the baccalaureate degree program at the eligible institution on a full-time basis not later than the end of the 12th month after the calendar month in which the student ceased being enrolled in a public junior college, [~~as defined in Texas Education Code, §61.003(2);~~] public technical institute, [~~as defined in Texas Education Code, §61.003(7);~~ ] or public state college as the terms are defined in §22.1 of this chapter [~~Texas Education Code, §61.003(16)~~]; and

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

(b) If a student's eligibility was based on the expectation that the student would meet the requirements in subsection (a)(7) of this section, and the student failed to do so, then the student is no longer eligible for a grant through this Program.

(1) If the institution offers the grant based on the expectation that the student would meet the requirements in subsection (a)(7) of this section and does not become aware that the student failed to meet these requirements until after the first disbursement of the grant has been made to the student, then the institution reserves the right to require the student to repay the amount that was previously received.

(2) In no case may a student receive a subsequent disbursement of a grant through the Program after the institution has become aware that the student failed to meet the requirements in subsection (a)(7) of this section.

§22.204.Satisfactory Academic Progress.

(a) To qualify for a grant, each recipient of the grant shall meet the satisfactory academic progress requirements as utilized by the financial aid office of the eligible institution to determine eligibility for federal financial aid programs.

(b) For the purposes of this section, the calculation of a student's GPA is to be completed in accordance with §22.10 of this chapter (relating to Grade Point Average Calculations for Satisfactory Academic Progress).

§22.205.Discontinuation of Eligibility or Non-Eligibility.

(a) A student may not receive a grant after having already been [~~being~~] granted a baccalaureate degree by any institution.

(b) A student may not receive a grant while simultaneously receiving a Toward EXcellence, Access, and Success (TEXAS) Grant.

(c) Unless granted a hardship postponement in accordance with §22.206 of this subchapter (relating to Hardship Provisions), a student's eligibility for a grant ends:

(1) two years from the start of the semester in which the student enrolls in the baccalaureate degree program at the eligible institution on a full-time basis, if the student is enrolled in a degree program of four years or less, as defined in §22.1 of this chapter (relating to Definitions); or

(2) three years from the start of the semester in which the student enrolls in the baccalaureate degree program at the eligible institution on a full-time basis if the student is enrolled in a degree program of more than four years.

(d) A student's eligibility for a grant ends once he or she has attempted 135 semester credit hours or the equivalent unless the student is granted a hardship extension in accordance with §22.206 of this subchapter [~~(relating to Hardship Provisions)~~].

(e) Other than as described in §22.206 of this subchapter [~~(relating to Hardship Provisions)~~], if a student fails to meet any of the requirements for receiving a continuation grant as outlined in §22.203 of this subchapter (relating to Eligible Students) after completion of any semester, the student may not receive a grant until he or she completes a semester while not receiving a grant and meets all the requirements as outlined in §22.203 of this subchapter [~~(relating to Eligible Students)~~] as of the end of that semester.

§22.206.Hardship Provisions.

(a) In the event of a hardship, the Program Officer at an eligible institution may allow an otherwise eligible student to receive a grant under the following conditions:

(1) while enrolled in fewer semester credit hours than required in §22.203(5) of this subchapter (relating to Eligible Students);

(2) if the student fails to meet the satisfactory academic progress requirements of §22.203(6) of this subchapter (relating to Eligible Students);

(3) if the student requires an extension of the limits found in §22.205(c) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility) to complete his or her degree; or

(4) if the student has attempted more hours than allowed under §22.205(d) of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility). [~~However, the total number of hours paid for, at least in part, with grant funds may not exceed 150 semester credit hours or the equivalent.~~]

(b) Hardships are not limited to, but include:

(1) documentation [~~a showing~~] of a severe illness or other debilitating condition that may affect the student's academic performance;

(2) documentation [~~an indication~~] that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; [or]

(3) documentation of the birth of a child or placement of a child with the student for adoption or foster care, that may affect the student's academic performance; or

(4) [~~(3)~~] the requirement of fewer than twelve hours to complete one's degree plan.

(c) The Program Officer may allow a student to receive a grant after the time limits described in §22.203(8) of this subchapter [~~Section 22.203(8)~~] (relating to Eligible Students) if the student and/or the student's family has suffered a hardship that would [~~now~~] make the student rank as one of the institution's neediest.

(d) Documentation justifying the eligibility granted through the hardship provisions outlined in this rule must be kept in the student's file. Each institution must identify to the Coordinating Board those students granted eligibility through hardship provisions so that the Coordinating Board may appropriately monitor each student's period of eligibility.

(e) Each participating institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.

§22.207.Priorities in Grants to Students.

(a) If state appropriations for the program are insufficient to allow grants to all eligible students, each institution shall give priority to eligible students who have previously received a grant through the program.

(b) In determining first-time recipients of grants through the program, an institution shall give priority to those students who have a Student Aid Index [~~an expected family contribution~~ ] that does not exceed 60 percent of the average statewide amount of tuition and fees for general academic teaching institutions, other than public state colleges, as the terms are [~~term is~~] defined in §22.1 of this chapter (relating to Definitions) [~~Texas Education Code, §61.003(16)~~], for the relevant academic year. The Coordinating Board shall determine and announce this value for a given state fiscal year by January 31 of the prior fiscal year.

(c) In determining first-time recipients of grants through the program, an institution shall give highest priority to eligible students meeting criteria specified under subsection (b) of this section [~~§22.207(b) (relating to Priorities in Grants to Students)~~] who have also demonstrated the highest levels of academic achievement prior to transfer as determined by the participating institution.

§22.208.Grant Amounts.

(a) Funding. The Coordinating Board may not award through this program an amount that exceeds the amount of state appropriations and other funds that are available for this use.

(b) Grant Amounts.

(1) The Commissioner shall determine and announce the maximum grant amounts in a given state fiscal year by January 31 of the prior fiscal year. The calculation of the maximum amount will be consistent with the maximum grant forward for TEXAS Grant for the semester as set out in subchapter L of this chapter (relating to Toward EXcellence, Access, and Success (TEXAS) Grant Program).

(2) An institution may not reduce the [~~The~~ ] amount of a Grant offered [~~through an eligible public institution may not be reduced~~] by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any aid other than loans received equals or exceeds the student's financial need.

(c) The Coordinating Board shall make grant calculations and disbursements in accordance with the General Provisions outlined in subchapter A of this chapter. [~~The Commissioner shall make grant calculations in accordance with §22.11 of this chapter (relating to Provisions specific to the TEXAS Grant, TEOG, TEG, and Texas Work-Study Programs)~~].

§22.209.Allocation of Funds.

(a) The Commissioner shall determine allocations on an annual basis as follows:

(1) The allocation base for each eligible institution will be the number of students it reported in the most recent certified Financial Aid Database submission who met the following criteria:

(A) were enrolled as undergraduate students and had not yet received a baccalaureate [~~Bachelor's~~] degree;

(B) were classified as residents of Texas, as defined in §22.1 of this chapter (relating to Definitions) [~~having resident status, as determined by chapter 21, subchapter B of this title (relating to Determination of Resident Status)~~];

(D) have a Student Aid Index [~~nine-month Expected Family Contribution,~~] less than or equal to the amount established in §22.207(b) of this subchapter (relating to Priorities in Grants to Students) for the year reported in the Financial Aid Database submission.

(2) Each institution's percentage of the available funds will equal its percentage of the state-wide number of students who meet the criteria in paragraph (1) of this subsection.

(3) The Commissioner will complete allocations for both years of the biennium at the same time. The Coordinating Board will use the three most recent certified Financial Aid Database submissions to forecast the data utilized in the calculation of the allocation for the second year of the biennium. The Coordinating Board will provide each institution with notification of their allocations for both years of the biennium at the same time.

(b) Verification of Data. The Coordinating Board will share allocation calculations with each participating institution for comment and verification prior to final posting. Each institution will have ten business days, beginning the day of the notice's distribution, and excluding State holidays, to confirm that the allocation report accurately reflects the data the institution submitted or to advise the Coordinating Board of any inaccuracies.

(1) If annual funding for the program is reduced after the start of a fiscal year, the Commissioner may use any method necessary to distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in each institution's allocation.

(2) If annual funding is reduced prior to the start of a fiscal year, the Commissioner may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.

§22.210.Disbursement of Funds.

Upon request by an institution throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Distribution of Funds). Each institution shall have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, an institution may lose any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium are deemed returned to the Coordinating Board.

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 September 27, 2024.

TRD-202404672

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

SUBCHAPTER T. TEXAS FIRST SCHOLARSHIP

19 TAC §§22.550, 22.552, 22.553, 22.555

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter T, §§22.550, 22.552, 22.553, and 22.555, concerning the Texas First Scholarship Program. Specifically, this amendment will align rule language and usage with other programs throughout the chapter. The Coordinating Board is authorized to adopt rules related to the Texas First Scholarship by Texas Education Code, §56.227.

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

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

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

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

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

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

Dr. Charles 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. 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 56.227, which provides the Coordinating Board with the authority to adopt rules related to the Texas First Scholarship Program.

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

§22.550.Authority and Purpose.

(a) Authority. Unless otherwise noted in a section, the authority for this subchapter is provided in the Texas Education Code, chapter 56 subchapter K-1 [~~Chapter 56 Subchapter K-1~~], Texas First Scholarship Program. This subchapter establishes procedures to administer Texas Education Code, §§56.221 - 56.227.

(b) Purpose. The purpose of this program is to incentivize the enrollment of high performing students at Texas institutions of higher education [~~as defined in Texas Education Code, §61.003~~].

§22.552.Eligible Institutions.

(a) Participation.

(1) For any student graduating through the Texas First Early High School Completion Program on or after September 1, 2023, institutions of higher education, as defined in §22.1 of this chapter (relating to Definitions) [~~Texas Education Code, §61.003~~], are required to apply the state credit available to a student through the Program to the eligible student's cost of attendance, as outlined in §22.555 of this subchapter (relating to Scholarship Amount).

(2) For any student graduating through the Texas First Early High School Completion Program before September 1, 2023, institutions of higher education, as defined in §22.1 of this chapter [~~Texas Education Code, §61.003)~~], that are designated as either a public research university or public emerging research university under the coordinating board's accountability system are required to apply the state credit available to a student through the Program to the eligible student's costs of attendance, as outlined in §22.555 of this subchapter.

(b) Responsibilities. Participating [~~public~~] institutions are required to abide by the General Provisions outlined in subchapter A of this chapter (relating to General Provisions), except that the provisions in §22.2 of this chapter (relating to Timely Distribution of Funds) do not apply to this Program.

(c) Approval. Each eligible [~~public~~] institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner [~~or his/her designee~~], prior to receiving reimbursement through the program.

§22.553.Eligible Students.

To qualify for a scholarship, a person must:

(1) be enrolled at an eligible institution, as outlined in §22.552 of this subchapter (relating to Eligible Institutions);

(2) be a Resident of Texas, as defined in §22.1 of this chapter (relating to Definitions);

(3) have graduated early from high school under the Texas First Early High School Completion Program, as described by chapter 21, subchapter D of this title (relating to Texas First Early High School Completion Program) [~~Chapter 21, Subchapter D~~];

(4) meet the graduation requirement related to financial aid applications, as described by Texas Education Code, §28.0256 [~~comply with Education Code Section 28.0256~~]; and

(5) meet applicable standards outlined in [~~Subchapter A of this Chapter (relating to General Provisions), including~~] §22.3 of this chapter (relating to Student Compliance with Selective Service Registration).

§22.555.Scholarship Amount.

(a) The scholarship is issued by the Coordinating Board as a state credit for use by an eligible student at any eligible institution.

(1) For a student who graduated from high school two or more semesters or the equivalent earlier than the student's high school cohort, the state credit offered to the student will equal the maximum annual (two semester) TEXAS Grant amount [~~award~~ ] determined by the Coordinating Board. The calculation is based on TEXAS Grant value for the first academic year that begins following the student's graduation from high school.

(2) For a student who graduated from high school less than two semesters or the equivalent earlier than the student's high school cohort, the state credit offered to the student will equal half of the amount described by paragraph (1) of this subsection.

(b) The amount of state credit offered to a student under the program may not be considered in the calculation of any state or institutional need-based financial aid [~~awards~~] or the calculation of the student's overall financial need, unless the combination of the credit and other federal, state, and institutional financial aid, excluding work-study and loan programs, for which the student would otherwise be eligible exceeds the estimated [~~total~~] cost of attendance at the eligible institution at which the student is enrolled.

(c) On enrollment of an eligible student at an eligible institution, the institution shall apply the state credit to the student's charges for tuition, mandatory fees, and other costs of attendance.

(1) The amount applied for the semester is equal to the lesser of:

(A) The amount of the state credit available to the student; or

(B) The student's cost [~~actual tuition, mandatory fees, and other costs~~] of attendance [~~at the institution~~].

(2) Remaining state credit may be applied to subsequent semesters within the eligibility period described by §22.554 of this subchapter (relating to Discontinuation of Eligibility or Non-Eligibility) [~~prior to the end of the first academic year that begins following the student's graduation from high school~~].

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 September 27, 2024.

TRD-202404673

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 10, 2024

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

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER A. BOARD OF TRUSTEES RELATIONSHIP

19 TAC §61.1

The State Board of Education (SBOE) proposes an amendment to §61.1, concerning continuing education for school board members. The proposed amendment would establish new eligibility requirements for trainers of school boards to include a background check, establish that only individuals (not organizations) are eligible to provide training to school board trustees, and prohibit trainers of school boards from engaging in political advocacy during training.

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code (TEC), §11.159, Member Training and Orientation, requires the SBOE to provide a training course for school board trustees. Section 61.1 addresses this statutory requirement. School board trustee training under current SBOE rule includes a local school district orientation session; a basic orientation to the TEC; an annual team-building session with the local school board and the superintendent; specified hours of continuing education based on identified needs; training on evaluating student academic performance; training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children; and training on school safety. In addition to establishing the conditions for the training courses required for school district trustees, §61.1 establishes the criteria for both registered providers of school board training and authorized providers of school board training.

The proposed amendment would update the application requirements to be a provider of school board member training. Specifically, subsection (c) would be amended to limit eligible providers to individuals, removing organizations from eligibility. Subsection (c)(1) would be amended to require the rejection of applications that do not demonstrate the requisite training, experience, educational background, or expertise. New subsection (c)(2) would be added to require applications to include a background check and would establish additional conditions under which an application would be rejected. New subsection (c)(3) would be added to describe conditions under which a provider's status would be revoked. New subsection (c)(5) would be added to describe conditions under which a non-registered provider may be involved in training school board trustees.

Proposed new subsection (d) would prohibit training providers from engaging in political advocacy while providing training. Subsections (d)(1) would define political advocacy for the purpose of this section. New subsection (d)(2) would require trainers to provide a written acknowledgement that he or she would not engage in political advocacy. New subsection (d)(3) would establish steps Texas Education Agency (TEA) would take if it determined that a provider engaged in political advocacy. New subsection (d)(4) would permit the SBOE to revoke a provider's eligibility if it determines that the provider engaged in political advocacy. New subsection (d)(5) would establish that the revocation of a provider's status would be for one year, unless determined otherwise by the SBOE. New subsection (d)(6) would establish that a provider is presumed to have engaged in political advocacy if the advocacy occurs during the training session.

In addition, the term "governance leadership" would be updated to "school board development" throughout, a statement would be added to subsection (b) stating that all school board trainings and continuing education under §61.1 shall comply with state law, and obsolete language related to implementation of the section would be removed.

The SBOE approved the proposed amendment for first reading and filing authorization at its September 13, 2024 meeting.

FISCAL IMPACT: Steve Lecholop, deputy commissioner for governance, has determined that for the first five years 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 would impose a cost on regulated persons. A prospective provider of school board trustee training would be required to submit a background check from one of at least five providers approved by TEA. If the background check indicates the prospective provider has been convicted of a felony or crime of moral turpitude, the applicant would be rejected. At the time of filing as proposed, background checks can cost between $50 and $100 according to several national background check providers. A provider of school board trustee training would be required to submit a new application (and new background check) every three years. The rule is necessary to protect the health, safety, and welfare of the residents of this state.

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 requiring a prospective provider of school board trustee training to submit a background check from one of at least five providers approved by TEA. If the background check indicates the prospective provider has been convicted of a felony or crime of moral turpitude, the applicant would be rejected.

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. 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 updating the application requirements to be a provider of school board member training to protect the health, safety, and welfare of the residents of this state. There is an anticipated economic cost to persons who are required to comply with the proposal. A prospective provider of school board trustee training would be required to submit a background check from one of at least five providers approved by TEA. If the background check indicates the prospective provider has been convicted of a felony or crime of moral turpitude, the applicant would be rejected. At the time of filing as proposed, background checks can cost between $50 and $100 according to several national background check providers.

DATA AND REPORTING IMPACT: The proposal would have no data or 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 October 11, 2024, and ends at 5:00 p.m. on November 12, 2024. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2024 in accordance with the SBOE board operating policies and procedures. 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 October 11, 2024.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code, §11.159, which requires the State Board of Education to provide a training course for school board trustees.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §11.159.

§61.1.Continuing Education for School Board Members.

(a) Under the Texas Education Code (TEC), §11.159, the State Board of Education (SBOE) shall adopt a framework for school board development [~~governance leadership~~] to be used in structuring continuing education for school board members. The framework shall be posted to the Texas Education Agency (TEA) website and shall be distributed annually by the president of each board of trustees to all current board members and the superintendent.

(b) The continuing education required under the TEC, §11.159, applies to each member of an independent school district board of trustees. All school board trainings and continuing education under this section shall comply with state law.

(1) Each school board member of an independent school district shall complete a local district orientation.

(A) The purpose of the local orientation is to familiarize new board members with local board policies and procedures and district goals and priorities.

(B) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed school board member who did not complete this training in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.

(D) The orientation shall address local district practices in the following, in addition to topics chosen by the local district:

(i) curriculum and instruction;

(ii) business and finance operations;

(iii) district operations;

(iv) superintendent evaluation; and

(v) board member roles and responsibilities.

(E) Each board member should be made aware of the continuing education requirements of this section and those of the following:

(i) open meetings act in Texas Government Code, §551.005;

(ii) public information act in Texas Government Code, §552.012; and

(iii) cybersecurity in Texas Government Code, §2054.5191.

(F) The orientation shall be open to any board member who chooses to attend.

(2) Each school board member of an independent school district shall complete a basic orientation to the TEC and relevant legal obligations.

(A) The orientation shall have special, but not exclusive, emphasis on statutory provisions related to governing Texas school districts.

(D) Topics shall include, but not be limited to, the TEC, Chapter 26 (Parental Rights and Responsibilities), and the TEC, §28.004 (Local School Health Advisory Council and Health Education Instruction).

(E) The orientation shall be provided by a regional education service center (ESC).

(F) The orientation shall be open to any board member who chooses to attend.

(G) The continuing education may be fulfilled through online instruction, provided that the training incorporates interactive activities that assess learning and provide feedback to the learner and offers an opportunity for interaction with the instructor.

(H) The ESC shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) [~~(h)~~] of this section.

(3) After each session of the Texas Legislature, including each regular session and called session related to education, each school board member shall complete an update to the basic orientation to the TEC.

(A) The update session shall be of sufficient length to familiarize board members with major changes in statute and other relevant legal developments related to school governance.

(B) The update shall be provided by an ESC or a registered provider, as defined by subsection (c) of this section.

(C) A board member who has attended an ESC basic orientation session described in paragraph (2) of this subsection that incorporated the most recent legislative changes is not required to attend an update.

(D) The continuing education may be fulfilled through online instruction, provided that the training is designed and offered by a registered provider, incorporates interactive activities that assess learning and provide feedback to the learner, and offers an opportunity for interaction with the instructor.

(E) The ESC or registered provider shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) [~~(h)~~] of this section.

(4) The entire board shall participate with their superintendent in a team-building session.

(A) The purpose of the team-building session is to enhance the effectiveness of the board-superintendent team and to assess the continuing education needs of the board-superintendent team.

(B) The session shall be held annually.

(D) The session shall include a review of the roles, rights, and responsibilities of a local board, including its oversight relationship to administrators, as outlined in the framework for school board development [~~governance leadership~~] described in subsection (a) of this section.

(E) The assessment of needs shall be based on the framework for school board development [~~governance leadership~~] described in subsection (a) of this section and shall be used to plan continuing education activities for the year for the governance leadership team.

(F) The team-building session shall be provided by an ESC or a registered provider as described in subsection (c) of this section.

(G) The superintendent's participation in team-building sessions as part of the continuing education for board members shall represent one component of the superintendent's ongoing professional development.

(5) In addition to the continuing education requirements in paragraphs (1) through (4) of this subsection, each board member shall complete additional continuing education based on the framework for school board development [~~governance leadership~~] described in subsection (a) of this section.

(A) The purpose of continuing education is to address the continuing education needs referenced in paragraph (4) of this subsection.

(B) The continuing education shall be completed annually.

(C) In a board member's first year of service, he or she shall complete at least ten hours of continuing education in fulfillment of assessed needs.

(D) Following a board member's first year of service, he or she shall complete at least five hours of continuing education annually in fulfillment of assessed needs.

(E) A board president shall complete continuing education related to leadership duties of a board president as some portion of the annual requirement.

(F) At least 50% of the continuing education shall be designed and delivered by persons not employed or affiliated with the board member's local school district. No more than one hour of the required continuing education that is delivered by the local district may utilize self-instructional materials.

(G) The continuing education shall be provided by an ESC or a registered provider, as defined by subsection (c) of this section.

(H) The continuing education may be fulfilled through online instruction, provided that the training is designed and offered by a registered provider, incorporates interactive activities that assess learning and provide feedback to the learner, and offers an opportunity for interaction with the instructor.

(I) The ESC or registered provider shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) [~~(h)~~] of this section.

(6) Each school board member shall complete continuing education on evaluating student academic performance and setting individual campus goals for early childhood literacy and mathematics and college, career, and military readiness.

(A) The purpose of the training on evaluating student academic performance is to provide research-based information to board members that is designed to support the oversight role of the board of trustees outlined in the TEC, §11.1515.

(B) The purpose of the continuing education on setting individual campus goals for early childhood literacy and mathematics and college, career, and military readiness is to facilitate boards meeting the requirements of TEC, §11.185 and §11.186.

(C) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed school board member who did not complete this training in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.

(D) The continuing education shall be completed every two years.

(E) The training shall be at least three hours in length.

(F) The continuing education required by this subsection shall include, at a minimum:

(i) instruction in school board behaviors correlated with improved student outcomes with emphasis on:

(I) setting specific, quantifiable student outcome goals; and

(II) adopting plans to improve early literacy and numeracy and college, career, and military readiness for applicable student groups evaluated in the Closing the Gaps domain of the state accountability system established under TEC, Chapter 39;

(ii) instruction in progress monitoring practices to improve student outcomes; and

(iii) instruction in state accountability with emphasis on the Texas Essential Knowledge and Skills, state assessment instruments administered under the TEC, Chapter 39, and the state accountability system established under the TEC, Chapter 39.

(G) The continuing education shall be provided by an authorized provider as defined by subsection (e) [~~(d)~~] of this section.

(H) If the training is attended by an entire school board and its superintendent, includes a review of local school district data on student achievement, and otherwise meets the requirements of subsection (b)(4) of this section, the training may serve to meet a school board member's obligation to complete training under subsection (b)(4) and (6) of this section, as long as the training complies with the Texas Open Meetings Act.

(7) Each board member shall complete continuing education on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children in accordance with TEC, §11.159(c)(2).

(A) A candidate for school board may complete the training up to one year before he or she is elected or appointed. A newly elected or appointed school board member who did not complete this training in the year preceding his or her election or appointment must complete the training within 120 calendar days after election or appointment.

(B) The training shall be completed every two years.

(D) The training must familiarize board members with the requirements of TEC, §38.004 and §38.0041, and §103.1401 [~~§61.1051~~] of this title (relating to Reporting Child Abuse or Neglect, Including Trafficking of a Child).

(E) The training required by this subsection shall include, at a minimum:

(i) instruction in best practices of identifying potential victims of child abuse, human trafficking, and other maltreatment of children;

(ii) instruction in legal requirements to report potential victims of child abuse, human trafficking, and other maltreatment of children; and

(iii) instruction in resources and organizations that help support victims and prevent child abuse, human trafficking, and other maltreatment of children.

(F) The training sessions shall be provided by a registered provider as defined by subsection (c) of this section.

(G) This training may be completed online, provided that the training is designed and offered by a registered provider, incorporates interactive activities that assess learning and provide feedback to the learner, and offers an opportunity for interaction with the instructor.

(H) The registered provider shall determine the clock hours of training credit to be awarded for successful completion of an online course and shall provide verification of completion as required in subsection (i) [~~(h)~~] of this section.

(c) For the purposes of this section, a registered provider has demonstrated proficiency in the content required for a specific training. An individual applicant [~~A private or professional organization, school district, government agency, college/university, or private consultant~~] shall register with the TEA to provide the board member continuing education required in subsection (b)(3), (5), and (7) of this section. Groups and organizations are no longer eligible for registration.

(1) The applicant's registration application [~~process~~] shall include documentation of the applicant's [~~provider's~~] training, experience, educational background, and/or expertise in the activities and areas covered in the framework for school board development. A registration application that does not demonstrate the training, experience, educational background, and/or expertise shall be rejected [~~governance leadership~~].

(2) TEA will provide each applicant with a list of at least five (5) TEA approved background check providers. The applicant's registration application shall include a background check report from one of the approved providers. A registration application that does not include a background check report shall be rejected; or a registration application that includes a background check report documenting an applicant's felony or crime of moral turpitude conviction shall be rejected.

(3) TEA shall revoke a registered provider's status upon notification and confirmation that a registered provider has been convicted of a felony or a crime of moral turpitude. A registered provider will be given an opportunity to promptly contest a claim in writing; within 30 days, that the registered provider was convicted. TEA will respond within 30 days of its decision. An informal hearing will be conducted by TEA upon request from the registered provider. Registration shall be withheld until confirmation of registration is received from TEA.

(4) [~~(2)~~] An updated registration shall be required of a provider of continuing education every three years.

(5) A registered provider may present with other panel members, speakers, or presenters for credit, however those panel members, speakers, or presenters will comply with the remainder of this section, but are not required to comply with paragraphs (1)-(4) of this subsection. Any violation of this section by the other panel members, speakers, or presenters is the responsibility of the registered provider.

(6) [~~(3)~~] A school district that provides continuing education exclusively for its own board members is not required to register.

(7) [~~(4)~~] An ESC is not required to register under this subsection.

(d) A provider of training under this section may not engage in political advocacy while providing the training under this section.

(1) For the purposes of this rule, political advocacy means:

(A) Supporting or opposing political candidate(s), particular party or group of candidates who hold a particular political viewpoint or position, specifically or by unmistakable implication, with the intent to influence the outcome of an election or appointment and/or

(B) Supporting or opposing a political or policy position with the intent of influencing the outcome of a legislative, rulemaking or other policy process.

(C) Political advocacy shall not include discussions on fostering legislative relationships, legislative or rulemaking processes or legislative or policy updates.

(2) If a provider is required to register under subsection (c) of this section, the provider shall provide a written acknowledgement, provided by the agency, indicating that the provider shall not engage in political advocacy while providing training. A registration application that does not include an acknowledgement shall be rejected.

(3) If the agency determines a provider engaged in political advocacy while providing training, the agency shall:

(A) issue a warning to the provider;

(B) request that the provider submit a written explanation from the provider explaining the events and what action, if any, has or will be taken to prevent a future violation; and

(C) notify members of the State Board of Education of the warning issued to the provider and include any written explanation from the provider.

(4) The board may remove the registration or the authorization to provide training under this section for an individual, school district, or regional service center if the board determines that the provider engaged in political advocacy while providing training under this section.

(5) Removal of registration or authorization under paragraph (4) of this subsection shall be for a term of one year unless modified by the board.

(6) A provider is presumed to have provided political advocacy while providing training under this section if the political advocacy occurs during that training session.

(e) [~~(d)~~] An authorized provider meets all the requirements of a registered provider and has demonstrated proficiency in the content required in subsection (b)(4) and (6) of this section. Proficiency may be demonstrated by completing a TEA-approved train-the-trainer course that includes evaluation on the topics and following a review of the provider's qualifications and course design, or through other means as determined by the commissioner.

(1) A [~~private or professional organization,~~] school district or individual [~~, government agency, college/university, or private consultant~~] may be authorized by TEA to provide the board member training required in subsection (b)(4) and (6) of this section.

(2) An ESC shall be authorized by TEA to provide the board member training required in subsection (b)(4) and (6) of this section.

(3) The authorization process shall include documentation of the provider's training and/or expertise in the activities and areas covered in the framework for school board development [~~governance leadership~~].

(4) An updated authorization shall be required of a provider of training every three years.

(f) [~~(e)~~] No continuing education shall take place during a school board meeting unless that meeting is called expressly for the delivery of board member continuing education. However, continuing education may take place prior to or after a legally called board meeting in accordance with the provisions of the Texas Government Code, §551.001(4).

(g) [~~(f)~~] An ESC board member continuing education program shall be open to any interested person, including a current or prospective board member. A district is not responsible for any costs associated with individuals who are not current board members.

(h) [~~(g)~~] A registration fee shall be determined by ESCs to cover the costs of providing continuing education programs offered by ESCs.

(i) [~~(h)~~] For each training described in this section, the provider of continuing education shall provide verification of completion of board member continuing education to the individual participant and to the participant's school district. The verification must include the provider's authorization or registration number.

(j) [~~(i)~~] To the extent possible, the entire board shall participate in continuing education programs together.

(k) [~~(j)~~] At the last regular meeting of the board of trustees before an election of trustees, the current president of each local board of trustees shall announce the name of each board member who has completed the required continuing education, who has exceeded the required hours of continuing education, and who is deficient in meeting the required continuing education as of the anniversary of the date of each board member's election or appointment to the board or two-year anniversary of his or her previous training, as applicable. The announcement shall state that completing the required continuing education is a basic obligation and expectation of any sitting board member under SBOE rule. The minutes of the last regular board meeting before an election of trustees must reflect whether each trustee has met or is deficient in meeting the training required for the trustee as of the first anniversary of the date of the trustee's election or appointment or two-year anniversary of his or her previous training, as applicable. The president shall cause the minutes of the local board to reflect the announcement and, if the minutes reflect that a trustee is deficient in training as of the anniversary of his or her joining the board, the district shall post the minutes on the district's Internet website within 10 business days of the meeting and maintain the posting until the trustee meets the requirements.

(l) [~~(k)~~] Annually, the SBOE shall commend those local board-superintendent teams that complete at least eight hours of the continuing education specified in subsection (b)(4) and (5) of this section as an entire board-superintendent team.

(m) [~~(l)~~] Annually, the SBOE shall commend local board-superintendent teams that effectively implement the commissioner's trustee improvement and evaluation tool developed under the TEC, §11.182, or any other tool approved by the commissioner.

[(m) This section will be implemented May 1, 2020. This section as it read prior to adoption by the SBOE at its January 2020 meeting controls continuing education for school board members until May 1, 2020.]

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 September 30, 2024.

TRD-202404687

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 10, 2024

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

CHAPTER 67. STATE REVIEW AND APPROVAL OF INSTRUCTIONAL MATERIALS

SUBCHAPTER B. STATE REVIEW AND APPROVAL

19 TAC §67.25

The State Board of Education (SBOE) proposes an amendment to §67.25, concerning state review and approval of instructional materials. The proposed amendment would establish a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses and for supplemental instructional materials by defining the criteria to be used in the review and approval of instructional materials by the SBOE and the Texas Education Agency (TEA).

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code (TEC), Chapter 31, addresses instructional materials in public education and permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, significantly revised TEC, Chapter 31, including several provisions under SBOE authority. The proposed amendment would establish a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses by defining the criteria to be used in the review and approval of instructional materials.

The SBOE approved the proposed amendment for first reading and filing authorization at its September 13, 2024 meeting.

FISCAL IMPACT: Todd Davis, associate commissioner for instructional strategy, has determined that for the first five years 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 establishing a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses by defining the criteria to be used in the review and approval of instructional materials by the SBOE and TEA in order to implement HB 1605, 88th Texas Legislature, Regular Session, 2023.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Davis 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 adopted instructional materials continue to appropriately meet statutory and SBOE requirements prior to use by Texas teachers and students. 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 or 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.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §28.002(a), which identifies the subjects of the required curriculum; TEC, §31.003(a), as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, which permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials; TEC, §31.022, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which requires the SBOE to review instructional materials that have been provided to the board by the Texas Education Agency (TEA) under TEC, §31.023; and TEC, §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which requires the commissioner of education to establish, in consultation with and with the approval of the SBOE, a process for the annual review of instructional materials by TEA. In conducting a review under this section, TEA must use a rubric developed by TEA in consultation with and approved by the SBOE.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §28.002(a), and §§31.003(a), 31.022, and 31.023, as amended by House Bill 1605, 88th Texas Legislature, Regular Session, 2023.

§67.25.Consideration and Approval of Instructional Materials by the State Board of Education.

The State Board of Education (SBOE) shall review the results of the instructional materials reviews completed by a review panel and submitted by the commissioner of education in accordance with Texas Education Code (TEC), §31.022 and §31.023. Instructional materials may be placed on the list of approved instructional materials only if they meet the following criteria:

(1) for full-subject and partial-subject tier one instructional materials for foundation subjects as defined by TEC, §28.002(a)(1), the product components cover 100% of the Texas Essential Knowledge and Skills (TEKS) and applicable English Language Proficiency Standards (ELPS) for the specific grade level and subject area when the proclamation or request for instructional materials was issued. In determining the percentage of the TEKS and ELPS covered by instructional materials, each student expectation shall count as an independent element of the standards;

(2) for full-subject and partial-subject tier one instructional materials for enrichment subjects as defined by TEC, §28.002(a)(2), the product components cover 100% of the applicable TEKS for the specific grade level and subject area when the proclamation or request for instructional materials was issued. In determining the percentage of the TEKS covered by instructional materials, each applicable student expectation shall count as an independent element of the standards;

(3) for supplemental instructional materials as defined by TEC, §31.002(3), the publisher will indicate which TEKS are applicable, and the product and its components cover 100% of the applicable student expectations in the TEKS for the specific subject or course for which the materials are designed;

(4) [~~(2)~~] materials have been reviewed through the process required by TEC, §31.023;

(5) [~~(3)~~] materials are free from factual error, defined as a verified error of fact or any error that would interfere with student learning, including significant grammatical or punctuation errors;

(6) [~~(4)~~] materials meet the Web Content Accessibility Guidelines (WCAG) and meet the technical specifications of the Federal Rehabilitation Act, Section 508, as specified when a request for instructional materials or proclamation was issued;

(7) [~~(5)~~] materials conform to or exceed in every instance the latest edition of the Manufacturing Standards and Specifications for Textbooks (MSST), developed by the State Instructional Materials Review Association, when the proclamation or request for instructional materials was issued;

(8) [~~(6)~~] materials are compliant with the suitability standards adopted by the SBOE and are compliant with all applicable state laws; and

(9) [~~(7)~~] materials provide access to a parent portal as required by TEC, §31.154.

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 September 30, 2024.

TRD-202404689

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 10, 2024

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

CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS

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

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

The Texas Education Agency (TEA) proposes amendments to §§89.1201, 89.1203, 89.1205, 89.1207, 89.1210, 89.1215, 89.1220, 89.1226 - 89.1230, 89.1233, 89.1235, 89.1240, 89.1245, 89.1250, and 89.1265, concerning the state plan for educating emergent bilingual students. The proposed amendments would clarify terminology based on stakeholder feedback and codify current program practices and requirements. Additionally, the proposed amendment to §89.1226 would align with recommendations from the U.S. Department of Education (USDE) Office of English Language Acquisition regarding testing accommodations.

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

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

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

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

Section 89.1207 establishes criteria for bilingual program exceptions and ESL program waivers. The proposed amendment would integrate bilingual program exceptions and ESL waivers, eliminating the need for separate subsections on exceptions and waivers. Proposed new subsection (d)(3) would include the term "affective" to align with §89.1210(b)(1)-(3). Proposed new subsection (d) would restructure existing text to further clarify application requirements and make conforming edits. Proposed new subsection (d)(3)(A) and (B) would specify the application requirements for EB students in a bilingual program or an ESL program. Proposed new subsection (f) would establish criteria for the approval of bilingual exceptions and ESL waivers. Proposed new subsection (f)(2) would clarify that the three approval requirements for a bilingual exception would also apply for approval of an ESL waiver.

Section 89.1210 establishes program content and design. The proposed amendment would align terminology.

Section 89.1215 establishes criteria for the home language survey. The proposed amendment would restructure the rule to further clarify the requirements.

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

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

Section 89.1227 establishes minimum requirements for the DLI program model. The proposed amendment to subsection (a) would clarify requirements.

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

Section 89.1229 establishes general requirements for recognition of DLI program models. The proposed amendment would clarify terminology throughout the section.

Section 89.1230 establishes criteria for eligible students with disabilities. The proposed amendment would align terminology throughout the section.

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

Section 89.1235 establishes criteria for facilities. The proposed amendment would restructure the rule to provide clarity.

Section 89.1240 establishes criteria for parental authority and responsibility. The proposed amendment would restructure the rule to provide clarity.

Section 89.1245 establishes staffing and staff development. The proposed amendment would clarify terminology throughout the section.

Section 89.1250 establishes criteria for required summer school programs. A proposed amendment to subsection (c) would align with TEC, §29.060, clarifying the required schedule for districts operating on a semester schedule as well as schedules other than semester.

Section 89.1265 establishes criteria for program evaluation. The proposed amendment would clarify and align terminology throughout the section.

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.

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.

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

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand existing regulations by updating terminology and adding into rule current program practices to provide clarity and alignment.

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 providing school districts with clarifications on terminology based on stakeholder feedback and codify current program practices and requirements. The proposed amendment to §89.1226 would align with recommendations from the USDE Office of English Language Acquisition regarding testing accommodations for students. 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 October 11, 2024, and ends November 12, 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 October 11, 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), §29.051, which establishes the state policy regarding bilingual and special language programs; TEC, §29.052, which establishes the definitions of an emergent bilingual student and parent; TEC, §29.053, which establishes the criteria for the establishment of bilingual education and special language programs; TEC, §29.054, which establishes the criteria for exceptions; TEC, §29.055, which establishes the criteria for program content and the method of instruction; TEC, §29.056, which establishes the criteria for enrollment of students in the program; TEC, §29.0561, which establishes the criteria for the evaluation of transferred students and reenrollment procedures; TEC, §29.057, which establishes the criteria for facilities and classes of bilingual education and special language programs; TEC, §29.058, which establishes the criteria for enrollment of students who do not have limited English proficiency; TEC, §29.059, which establishes the criteria for cooperation among districts to provide bilingual education and special language programs; TEC, §29.060, which establishes the criteria for preschool, summer school, and extended time programs; TEC, §29.061, which establishes the criteria for bilingual education and special language program teachers; TEC, §29.062, which establishes the criteria for monitoring compliance to evaluate the effectiveness of programs related to bilingual education and special language programs; TEC, §29.063, which establishes the criteria for language proficiency assessment committees; TEC, §29.064, which establishes the criteria for appeals; and TEC, §29.066, which establishes the criteria for a district's Public Education Information Management System (PEIMS) reporting requirements.

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

§89.1201.Policy.

(a) It is the policy of the state that every student in the state who has a home [~~primary~~] language other than English and who is identified as an emergent bilingual (EB) student shall be provided a full opportunity to participate in [a] bilingual education, to include bilingual and [or] English as a second language (ESL) programs [~~program~~ ], as required in Texas Education Code (TEC), Chapter 29, Subchapter B. To ensure equal educational opportunity, as required in TEC, §1.002(a), each school district shall:

(1) identify EB [~~emergent bilingual~~] students based on criteria established by the state;

(2) provide bilingual education, including bilingual and ESL programs, as integral parts of the general program as described in TEC, §4.002;

(3) seek appropriately certified teaching personnel to ensure that EB [~~emergent bilingual~~] students are afforded full opportunity to master the essential knowledge and skills required by the state; and

(4) assess for academic achievement and linguistic progress in accordance with TEC, Chapter 29, Subchapter B, to ensure accountability for EB [~~emergent bilingual~~] students and the schools that serve them.

(b) The goal of bilingual program models, including dual-language immersion and transitional bilingual education, [~~education programs~~] shall be to enable EB [~~emergent bilingual~~] students to develop home or partner [~~primary~~ ] language literacy and academic skills through the integrated use of content-based language [~~and~~] instructional methods to become proficient in listening, speaking, reading, and writing in the English language. Such programs shall include the mastery of grade level reading and language arts knowledge and skills in the home or partner language and in English, along with[,] mathematics, science, and social studies knowledge and skills as integral parts of the academic goals for all students to enable EB [~~emergent bilingual~~] students to participate equitably in school.

(c) The goal of ESL program models, including content-based and pull-out, [~~programs~~] shall be to enable EB [~~emergent bilingual~~] students to become proficient in listening, speaking, reading, and writing in the English language through the integrated use of content-based language instructional methods. The ESL program shall include the mastery of grade level English reading and language arts, mathematics, science, and social studies knowledge and skills in English as integral parts of the academic goals for all students to enable EB [~~emergent bilingual~~] students to participate equitably in school.

(d) Bilingual [~~education~~] and ESL programs shall be integral parts of the total school program. Such programs shall use instructional approaches designed to meet the specific language needs of EB [~~emergent bilingual~~] students. The [~~basic~~] curriculum content of the programs shall be based on the Texas Essential Knowledge and Skills and the English Language Proficiency Standards [~~language proficiency standards~~] required by the state.

§89.1203.Definitions.

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

(1) Alternative methods [~~language program~~]--A temporary instructional plan that meets the affective, linguistic, and cognitive needs of emergent bilingual (EB) students and equips the teacher under a bilingual [~~education~~] exception or an English as a second language (ESL) waiver described in §89.1207 of this title (relating to Bilingual Program [~~Education~~] Exceptions and English as a Second Language Program Waivers) to align closely to the required bilingual or ESL program through the comprehensive professional development plan.

(2) Bilingual education allotment (BEA)--An adjusted basic funding allotment provided for each school district based on student average daily attendance in a bilingual [~~education~~] or an ESL program in accordance with Texas Education Code (TEC), §48.105.

(3) Certified bilingual program [~~education~~ ] teacher--A teacher holding bilingual certification and appropriately certified [~~in bilingual education as well as~~] for the grade level and content area. The term "certified bilingual program teacher" is synonymous with the term "professional bilingual educator" used in TEC, §29.063.

(4) Certified English as a second language teacher--A teacher appropriately certified in ESL as well as for the grade level and content area. The term "certified English as a second language teacher" as used in this subchapter is synonymous with the term "professional transitional language educator" used in TEC, §29.063.

(5) Content-based language instruction (CBLI)--An integrated approach to language instruction in which language is developed within the context of content delivery that is linguistically sustaining and is used across all programs for EB [~~emergent bilingual~~ ] students to develop the home or partner language and English.

(6) Dual language immersion (DLI) program--A state-approved bilingual program [~~model~~] in accordance with TEC, §29.066, that uses English and a partner language. The two state-approved DLI program models are one-way DLI and two-way DLI.

(7) Dual-language instruction--An educational approach that focuses on the use of English and the student's home or partner [~~primary~~] language for instructional purposes as described in TEC, §29.055, to include both DLI and transitional bilingual education (TBE) programs.

(8) Emergent bilingual (EB)--A student identified by the Language Proficiency Assessment Committee [~~language proficiency assessment committee~~] (LPAC) who is in the process of acquiring English and has another language as the student's [~~primary or~~] home language. This term is interchangeable with English learner as used in federal regulations and replaces the term "limited English proficient student" formerly used in TEC, Chapter 29, Subchapter B.

(9) English as a second language (ESL) program--A special language program in accordance with TEC, Chapter 29, Subchapter B, to include both content-based and pull-out program models. Another related term for an ESL program is "English as an additional language program."

(10) English language proficiency standards (ELPS)--The ELPS outline English language proficiency level descriptors and student expectations for EB students. School districts shall implement these standards as an integral part of each subject in the required curriculum. The ELPS are to be published along with the Texas Essential Knowledge and Skills for each subject in the required curriculum, as described in §74.4(a)(1) of this title (relating to English Language Proficiency Standards).

[(10) English language proficiency standards (ELPS)--Standards to be published along with the Texas Essential Knowledge and Skills for each subject in the required curriculum outlined in Chapter 74 of this title (relating to Curriculum Requirements), including foundation and enrichment areas, ELPS, and college and career readiness standards.]

(11) English proficient student--A former EB [~~emergent bilingual~~] student who has met reclassification as English proficient by the LPAC.

(12) Enrollment--Receiving instruction by attendance in a public school. This term does not apply to students who are registered but not yet receiving instruction.

(13) [~~(12)~~] Exit--The point at which an EB [~~when a~~] student is reclassified as English proficient and [~~no longer classified as an emergent bilingual student (i.e., the student is reclassified) and the student~~] ends bilingual or ESL program participation with LPAC recommendation and parental approval [~~and based on the recommendation of the LPAC~~]. The term "exit" as used in this subchapter is synonymous with the description in TEC, Chapter 29, Subchapter B, of a student having been "transferred out" [~~"transferring out"~~] of bilingual or special language programming. For the purpose of meeting the goals of a DLI program, the LPAC recommends that the EB student is reclassified as English proficient but continues [~~may recommend continued program~~] participation in the program to further develop biliteracy for the duration of the program for prekindergarten through Grade 12 [~~beyond reclassification~~].

(14) Home language--A language other than English that is indicated on the home language survey under §89.1215 of this title (relating to Home Language Survey) as being used at home, used by the child at home, or used by the child in a previous home setting.

(15) [~~(13)~~] Language allocation plan--A strategically developed and clearly communicated plan for a DLI program [~~model~~] that defines the percentage of language of instruction for each content area and grade level.

(16) [~~(14)~~] Language Proficiency Assessment Committee (LPAC) [~~proficiency assessment committee~~]--A designated group of committee members as described in §89.1220 of this title (relating to Language Proficiency Assessment Committee (LPAC)) and TEC, §26.063, that ensures the appropriate identification, placement, assessment, services, reclassification, and monitoring of EB [~~emergent bilingual~~] students. The LPAC also meets in conjunction with all other committees related to programs and services for which an EB [~~emergent bilingual~~] student qualifies.

(17) [~~(15)~~] Non-emergent bilingual student--A student who has never [~~not~~] been classified as an EB [~~emergent bilingual~~] student by an [~~the~~] LPAC.

(18) [~~(16)~~] Paired teaching--A teaching partnership permissible in a DLI program model when half the content area instruction is in the partner language and half is in English (50/50 language allocation). One teacher provides content area instruction in the partner language while the second teacher provides content area instruction delivered in English. The teacher instructing in the partner language shall [~~must~~] hold bilingual [~~education~~] certification while the teacher instructing in English may hold either bilingual [~~education~~] or ESL certification.

(19) [~~(17)~~] Parent--The parent or legal guardian of the student in accordance with TEC, §29.052(2).

(20) [~~(18)~~] Partner language--The designated language of instruction other than English within a DLI program. The partner language within a DLI program may or may not be the home [~~primary~~] language of a DLI program student.

(21) [~~(19)~~] Prekindergarten--Students enrolled in a 3- or 4-year-old prekindergarten program as well as 3- or 4-year-old students enrolled in an early education setting.

[(20) Primary language--The language an emergent bilingual student is exposed to prior to entering school and uses mainly to communicate at home and school, also known as mother tongue, first language, native language, home language, or heritage language.]

(22) [~~(21)~~] Reclassification--The process by which the LPAC determines that an EB [~~emergent bilingual~~] student has met the appropriate criteria to be classified as English proficient, and the student enters year 1 of monitoring as indicated in the Texas Student Data System Public Education Information Management System.

(23) [~~(22)~~] School district--The term school district includes [~~A local education agency,~~] an open-enrollment charter school [,] or a district of innovation.

§89.1205.Required Bilingual [~~Education~~] and English as a Second Language (ESL) Programs.

(a) Each school district that has an enrollment of 20 or more students identified as emergent bilingual (EB) students in any language classification in the same grade level district-wide shall offer a bilingual [~~education~~] program as described in subsection (b) of this section for the EB [~~emergent bilingual~~] students in prekindergarten through the elementary grades with that language classification. "Elementary grades" shall include [~~at least~~] prekindergarten through Grade 5; Grade 6 [~~sixth grade~~] shall be included when clustered with elementary grades.

(b) A school district required to provide a bilingual [~~education~~] program as described in subsection (a) of this section shall offer dual-language instruction (English and home or partner [~~primary~~] language) in prekindergarten through the elementary grades, using one of the four bilingual program models described in §89.1210 of this title (relating to Program Content and Design).

(c) All EB [~~emergent bilingual~~] students for whom a school district is not required to offer a bilingual [~~education~~] program shall be provided an English as a second language (ESL) program [~~as described in subsection (d) of this section~~], regardless of the students' grade levels and home [~~primary~~] language, and regardless of the number of such students, except in cases where a district exercises the option described in subsection (f) [~~(g)~~] of this section.

(d) A school district required to provide an ESL program as described in subsection (c) of this section shall provide an ESL program using one of the two models described in §89.1210 of this title.

(e) School districts may join with other school districts to provide bilingual [~~education~~] or ESL programs.

(f) In addition to the required bilingual [~~and/or ESL~~] programs, school districts are also authorized to establish a bilingual [~~education~~] program:

(1) [~~even~~] if they have an enrollment of fewer than 20 students as described in [~~identified as emergent bilingual students in any language classification in the same grade level district-wide and are not required to do so under~~] subsection (a) of this section ; and [.]

(2) at grade levels in which the bilingual program is not required under subsection (a) of this section.

(g) Under the [~~this~~] authorization described in subsection (f) of this section, school districts shall adhere to all program requirements as described in §§89.1210 of this title, 89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Models [ ~~Model~~]), 89.1228 of this title (relating to Two-Way Dual Language Immersion Program Model Implementation), and 89.1229 of this title (relating to General Standards for Recognition of Dual Language Immersion Program Models).

[(g) In addition to the required bilingual and/or ESL programs, school districts are authorized to establish a bilingual education program at grade levels in which the bilingual education program is not required under subsection (a) of this section. Under this authorization, school districts shall adhere to all program requirements as described in §§89.1210, 89.1227, 89.1228, and 89.1229 of this title.]

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

(a) Purpose. [~~Bilingual education program.~~]

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

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

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

(d) Application requirements. The bilingual exception and/or ESL waiver application shall [~~A request for a bilingual education program exception must~~] be submitted by November 1 and shall include:

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

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

(3) [~~(C)~~] an assurance that appropriately certified teachers available in the school district will be assigned to [~~grade levels beginning at prekindergarten followed successively by subsequent grade levels to~~] ensure [~~effective early literacy development and~~] that the affective, linguistic, and cognitive [~~academic~~] needs of EB [~~emergent bilingual~~] students with beginning and intermediate levels of English proficiency are served on a priority basis by doing the following: [;]

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

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

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

(A) [~~(i)~~] is ongoing and targets the development of the knowledge, skills, and competencies needed to serve the needs of EB [~~emergent bilingual~~] students;

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

(5) [~~(E)~~] an assurance that at least 10% of the total BEA [~~bilingual education allotment~~ ] shall be used to fund the comprehensive professional development plan required under paragraph (4) of this subsection [~~subparagraph (D) of this paragraph~~] when applying for a bilingual [~~education~~ ] exception and/or an ESL[~~, an English as a second language (ESL)~~] waiver[~~, or both~~];

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

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

(e) [~~(2)~~] School district responsibilities [~~Documentation~~]. A school district submitting a bilingual education exception and/or an ESL waiver shall maintain written records of all documents supporting the submission and assurances listed in subsection (d) of this section [~~paragraph (1) of this subsection~~], including:

(1) [~~(A)~~] a description of the temporary [~~proposed~~] alternative methods [~~language program~~] designed to meet the affective, linguistic, and cognitive needs of the EB [~~emergent bilingual~~] students;

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

(3) [~~(C)~~] a copy of the school district's comprehensive professional development plan; [~~and~~]

(4) [~~(D)~~] a copy of the BEA [~~bilingual allotment~~] budget documenting that a minimum of 10% of the funds were used to fund the comprehensive professional development plan ; and[.]

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

(f) [~~(3)~~] Approval of bilingual exceptions and ESL waivers. A bilingual exception and/or an ESL waiver [~~Bilingual education program exceptions~~] will be granted by the commissioner if any one of the following criteria is met for each program [~~the requesting school district~~]:

(1) For a bilingual exception, the school district:

(A) meets or exceeds the state average for EB [~~emergent bilingual~~] student performance on the required state assessments;

(B) meets the requirements and measurable targets of the action plan described in subsection (d)(6) of this section [~~paragraph (1)(F) of this subsection~~] submitted the previous year and approved by the Texas Education Agency (TEA); or

(C) reduces by 25% the number of teachers under the [~~exception for~~] bilingual exception [~~programs~~] when compared to the number of teachers under the bilingual exception [~~exceptions granted~~] the previous year.

(2) For an ESL waiver, the school district:

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

(B) meets the requirements and measurable targets of the action plan described in subsection (d)(6) of this section submitted the previous year and approved by TEA; or

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

(g) [~~(4)~~] Denial of bilingual exceptions and ESL waivers. A school district denied a bilingual [~~education program~~] exception and/or an ESL waiver shall [~~must~~ ] submit to the commissioner a detailed action plan for complying with required regulations for the following school year.

(h) [~~(5)~~] Appeals. A school district denied a bilingual [~~education program~~] exception and/or an ESL waiver may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further.

(i) [~~(6)~~] Special accreditation investigation. The commissioner may authorize a special accreditation investigation under TEC, §39.003 [~~§39.057~~], if a school district is denied a bilingual [~~education program~~] exception and/or an ESL waiver for more than three consecutive years.

(j) [~~(7)~~] Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under TEC, §39A.002 [~~§39.102~~].

~~[(b) ESL program.]~~

[(1) Waivers. A school district that is unable to provide an ESL program as required by §89.1205(c) of this title because of an insufficient number of appropriately certified teachers shall request from the commissioner a waiver of the certification requirements for each teacher who will provide instruction in ESL for emergent bilingual students and the approval of a temporary alternative language program as defined in §89.1203(1) of this title that aligns closely to the required ESL program. Emergent bilingual students with parental approval for program participation under an ESL waiver will be included in the bilingual education allotment designated for an alternative language program. The approval of a waiver of certification requirements shall be valid only during the school year for which it was granted. A request for an ESL program waiver must be submitted by November 1 and shall include:]

[(A) a statement of the reasons the school district is unable to provide a sufficient number of appropriately certified teachers to offer the ESL program as described in TEC, §29.054(b)(1), (2), and (3);]

[(B) a description of the alternative language program, including the manner in which the teachers in the ESL program will meet the affective, linguistic, and cognitive needs of the emergent bilingual students, including the manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title to include foundation and enrichment areas, ELPS, and CCRS;]

[(C) an assurance that appropriately certified teachers available in the school district will be assigned to grade levels beginning at prekindergarten followed successively by subsequent grade levels in the elementary school campus and, if needed, secondary campuses, to ensure that the linguistic and academic needs of the emergent bilingual students with beginning and intermediate levels of English proficiency are served on a priority basis;]

~~[(D) an assurance that the school district shall implement a comprehensive professional development plan that:]~~

~~[(i) is ongoing and targets the development of the knowledge, skills, and competencies needed to serve the needs of emergent bilingual students;]~~

~~[(ii) includes the teachers who are not certified or not appropriately certified who are assigned to implement the proposed alternative language program; and]~~

~~[(iii) may include additional teachers who work with emergent bilingual students;]~~

[(E) an assurance that at least 10% of the total bilingual education allotment shall be used to fund the comprehensive professional development plan required under subparagraph (D) of this paragraph when applying for a bilingual education exception, an ESL waiver, or both;]

[(F) an assurance that the school district will take actions to ensure that the program required under §89.1205(c) of this title will be provided the subsequent year, including its plans for recruiting an adequate number of appropriately certified teachers to eliminate the need for subsequent waivers as required by TEC, §29.054(b)(4); and]

~~[(G) an assurance that the school district shall satisfy the additional reporting requirements described in §89.1265(c) of this title.]~~

[(2) Documentation. A school district submitting an ESL waiver shall maintain written records of all documents supporting the submission and assurances listed in paragraph (1) of this subsection, including:]

~~[(A) a description of the proposed alternative language program designed to meet the affective, linguistic, and cognitive needs of the emergent bilingual students;]~~

[(B) the name and teaching assignment, per campus, of each teacher who is assigned to implement the ESL program and is under a waiver and the estimated date for the completion of the ESL supplemental certification, which must be completed by the end of the school year for which the waiver was requested;]

~~[(C) a copy of the school district's comprehensive professional development plan;]~~

~~[(D) a copy of the bilingual allotment budget documenting that a minimum of 10% of the funds were used to fund the comprehensive professional development plan; and]~~

~~[(E) a description of the actions taken to recruit an adequate number of appropriately certified teachers.]~~

~~[(3) Approval of waivers. ESL waivers will be granted by the commissioner if the requesting school district:]~~

~~[(A) meets or exceeds the state average for emergent bilingual student performance on the required state assessments; or]~~

~~[(B) meets the requirements and measurable targets of the action plan described in paragraph (1)(G) of this subsection submitted the previous year and approved by TEA.]~~

~~[(4) Denial of waivers. A school district denied an ESL program waiver must submit to the commissioner a detailed action plan for complying with required regulations for the following school year.]~~

[(5) Appeals. A school district denied an ESL waiver may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further.]

[(6) Special accreditation investigation. The commissioner may authorize a special accreditation investigation under TEC, §39.057, if a school district is denied an ESL waiver for more than three consecutive years.]

~~[(7) Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under TEC, §39.102.]~~

§89.1210.Program Content and Design.

(a) Each school district required to offer [a] bilingual education through bilingual or English as a second language (ESL) program models shall provide each emergent bilingual (EB) student the opportunity to be enrolled in the required program at their [~~his or her~~] grade level. Each student's level of proficiency shall be designated by the Language Proficiency Assessment Committee [~~language proficiency assessment committee~~] (LPAC) in accordance with §89.1220(g) of this title (relating to Language Proficiency Assessment Committee (LPAC)). The school district shall accommodate the instruction, pacing, and materials to ensure that EB [~~emergent bilingual~~] students have a full opportunity to master the essential knowledge and skills of the required curriculum, which includes the Texas Essential Knowledge and Skills (TEKS) and English language proficiency standards (ELPS). Students participating in [~~the~~ ] bilingual [~~education~~] program models may demonstrate their mastery of the essential knowledge and skills in either the home or partner [~~their primary~~] language or in English for each content area.

(1) Bilingual [~~A bilingual education~~] program models [~~of instruction~~] established by a school district shall be [a] full-time programs [~~program~~] of dual-language instruction (English and home or partner [~~primary~~] language) that provides [~~provides~~] for learning academic and literacy skills in the student's home or program partner [~~primary~~] language [~~of the students enrolled in the program~~] and for carefully structured and sequenced mastery of English language skills under Texas Education Code (TEC), §29.055(a), throughout the elementary grades and beyond if the district so chooses as defined in §89.1205(a) of this title (relating to Required Bilingual and English as a Second Language (ESL) Programs).

(2) [An] ESL program models [~~of instruction~~] established by a school district shall be programs [~~a program~~] of intensive instruction in English in which ESL teachers recognize and address language differences in accordance with TEC, §29.055(a), in prekindergarten through Grade 12.

(b) Bilingual [~~The bilingual education program~~] and ESL program models shall be integral parts of the general educational program required under Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, ELPS, and college and career readiness standards. In bilingual program models [~~education programs~~], school districts shall purchase instructional materials in all [~~both~~] program languages with the district's instructional materials allotment or otherwise acquire instructional materials for use in bilingual program [~~education~~] classes in accordance with TEC, §31.029(a). Instructional materials for bilingual [~~education~~ ] programs on the list adopted by the commissioner of education, as provided by TEC, §31.0231, may be used as curriculum tools to enhance the learning process. The school district shall ensure ongoing collaboration between bilingual and ESL programs and the general education programs to provide equitable educational access for all learners [~~provide for ongoing coordination between the bilingual/ESL program and the general educational program~~]. Bilingual [~~The bilingual education~~] and ESL programs shall address the affective, linguistic, and cognitive needs of EB [~~emergent bilingual~~] students as follows.

(1) Affective.

(A) EB [~~Emergent bilingual~~] students in a bilingual program shall be provided instruction using content-based language instructional methods in English and/or their home or partner [~~primary~~] language to acclimate students to the school environment and to develop academic language skills, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b).

(B) EB [~~Emergent bilingual~~] students in an ESL program shall be provided instruction using content-based language instructional methods in English to acclimate students to the school environment and to develop academic language skills, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to incorporate the students' home [~~primary~~] languages and learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b).

(2) Linguistic.

(A) EB [~~Emergent bilingual~~] students in a bilingual program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in both English and the home or partner [~~their primary~~] language. The instruction in both languages shall be structured to ensure that the students develop a strong literacy foundation and master the required essential knowledge and skills and higher-order thinking skills in all subjects, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS.

(B) EB [~~Emergent bilingual~~] students in an ESL program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in the English language. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS.

(3) Cognitive.

(A) EB [~~Emergent bilingual~~] students in a bilingual program shall be provided instruction in reading and language arts, mathematics, science, and social studies in both the home or partner [~~their primary~~] language and English, using content-based language instructional methods in either the home or partner [~~their primary~~] language, English, or both, depending on the program model(s) implemented by the district. The content area instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects.

(B) EB [~~Emergent bilingual~~] students in an ESL program shall be provided instruction in English in reading and language arts, mathematics, science, and social studies using content-based language instructional methods. The instruction in all academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills.

(c) Bilingual programs [~~The bilingual education program~~] shall be implemented through at least one of the following program models.

(1) Transitional bilingual/early exit is a bilingual program model in which [~~students~~] identified EB [~~as emergent bilingual~~] students are served in both English and the students' home [~~primary~~] language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports not earlier than two or later than five years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(1), for the assigned grade level and content area. The goal of early-exit transitional bilingual education is for program participants to use their home [~~primary~~] language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' home [~~primary~~] language and English using content-based language instruction methods.

(2) Transitional bilingual/late exit is a bilingual program model in which [~~students~~] identified EB [~~as emergent bilingual~~] students are served in both English and the students' home [~~primary~~] language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(2), for the assigned grade level and content area. The goal of late-exit transitional bilingual education is for program participants to use their home [~~primary~~] language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' home [~~primary~~ ] language and English through content-based language instruction.

(3) Dual language immersion/one-way is a bilingual/biliteracy program model in which [~~students~~] identified EB [~~as emergent bilingual~~] students are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in the partner language and English is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of one-way dual language immersion is for program participants to attain bilingualism and biliteracy in English and the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English as well as the program's partner [~~students' primary~~] language, with at least half of the instruction delivered in the program's partner [~~students' primary~~] language for the duration of the program.

(4) Dual language immersion/two-way is a bilingual/biliteracy program model in which [~~students~~] identified EB [~~as emergent bilingual~~] students are integrated with non-EB [~~non-emergent bilingual~~] students and are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in English and the partner language is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of two-way dual language immersion is for program participants to attain bilingualism and biliteracy in English as well as the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English and the partner language with at least half of the instruction delivered in the program's partner language for the duration of the program.

(d) The ESL program shall be implemented through one of the following program models.

(1) An ESL/content-based program model is an English acquisition program that serves [~~students~~] identified EB [~~as emergent bilingual~~] students through English instruction provided by a teacher appropriately certified in ESL under TEC, §29.061(c), using content-based language instruction methods in reading and language arts, mathematics, science, and social studies. The goal of content-based ESL is for program participants [~~emergent bilingual students~~] to attain full proficiency in English in order to participate equitably in school.

(2) An ESL/pull-out program model is an English acquisition program that serves [~~students~~] identified EB [~~as emergent bilingual~~] students through English instruction using content-based language instruction methods provided by an appropriately certified ESL teacher under TEC, §29.061(c), in [~~through English~~] reading and language arts in a pull-out or inclusionary delivery setting. The goal of ESL pull-out is for program participants [~~emergent bilingual students~~] to attain full proficiency in English in order to participate equitably in school.

(e) Except in the courses specified in subsection (f) of this section, content-based language instructional methods, which may involve the use of the students' home or the program's partner [~~primary~~] language, may be provided in any of the courses or electives required for promotion or graduation to assist program participants in mastering [~~students identified as emergent bilingual students to master~~] the essential knowledge and skills for the required subject(s). The use of content-based language instruction shall not impede the awarding of credit toward meeting promotion or graduation requirements.

(f) In subjects such as art, music, and physical education, EB [~~emergent bilingual~~] students shall participate with their non-EB [~~non-emergent bilingual~~] peers in general education classes provided in the subjects. As noted in TEC, §29.055(d), elective courses included in the curriculum may be taught in a [~~partner~~] language other than English. The school district shall ensure that EB [~~emergent bilingual~~] students enrolled in bilingual [~~education~~] and ESL programs have a meaningful opportunity to participate with non-EB [~~non-emergent bilingual~~] peers in all extracurricular activities.

(g) The required bilingual [~~education~~] or ESL program shall be provided to every EB [~~emergent bilingual~~] student with parental approval until such time that the student meets reclassification criteria as described in §89.1226(i) of this title (relating to Testing and Classification of Students) or graduates from high school. Parental approval is required when the LPAC recommends continuing [~~continued~~] dual language immersion program participation beyond reclassification.

§89.1215.Home Language Survey.

(a) For each new student enrolling for the first time in a Texas public school in any grade from prekindergarten through Grade 12, the Texas Education Agency (TEA)-developed home language survey shall be administered. This home language survey will serve as the original and only home language survey throughout the student's educational experience in Texas public schools. School districts shall:

(1) ensure that the student's parent understands the language used in the survey and its implications;

(2) require that the survey be signed by the student's parent for each student in prekindergarten through Grade 8 or by the student in Grades 9-12 as permitted under Texas Education Code, §29.056(a)(1);[.]

(3) ensure the student's parent is aware of the benefits of bilingual and ESL programs; and

(4) maintain the [~~It is the school district's responsibility to ensure that the student's parent understands the language used in the survey and its implications. The~~] original copy of the survey [~~shall be kept~~] in the student's permanent record and transfer it [~~transferred~~ ] to any subsequent Texas public school districts in which the student enrolls.

(b) The TEA-developed home language survey shall be administered in English and a language that the parents can understand. The home language survey shall include the following questions.

(1) "Which languages are used at home?"

(2) "Which languages are used by the child at home?"

(3) "If the child had a previous home setting, which languages were used? If there was no previous home setting, answer Not Applicable (N/A)."

(c) If any response on the home language survey indicates that a language other than English is or was used for communication, the student shall be tested in accordance with §89.1226 of this title (relating to Testing and Classification of Students).

(d) For students previously enrolled in a Texas public school, the receiving district shall secure the student records, including the original home language survey and language proficiency assessment committee documentation as described in §89.1220(l) of this title (relating to Language Proficiency Assessment Committee (LPAC)), as applicable. All attempts to contact the sending district to request records shall be documented. Multiple attempts to obtain the student's original home language survey shall be made.

(e) If a parent determines an error was made when completing the original home language survey, the parent may request a correction only if:

(1) the student has not yet been assessed for English proficiency; and

(2) corrections are made within two calendar weeks of the student's initial enrollment date in Texas public schools.

§89.1220.Language Proficiency Assessment Committee (LPAC).

(a) School districts shall by local board policy establish and operate one or more Language Proficiency Assessment Committees [~~language proficiency assessment committees~~] (LPACs). The school district shall have on file a policy and procedures for the selection, appointment, and orientation of members of the LPAC(s).

(b) The LPAC shall include an appropriately certified bilingual educator (for students served through a bilingual [~~education~~ ] program), an appropriately certified English as a second language (ESL) educator (for students served through an ESL program), a parent of an emergent bilingual (EB) student participating in a bilingual or ESL program, and a campus administrator in accordance with Texas Education Code (TEC), §29.063.

(c) In addition to the three required members of the LPAC, the school district may add other [~~trained~~] members to the committee. All required members of an LPAC must be present either in person or virtually to make individualized student decisions.

(d) No parent serving on the LPAC shall be an employee of the school district.

(e) A school district shall establish and operate a sufficient number of LPACs to enable them to discharge their duties within four calendar weeks of the enrollment of an EB [~~emergent bilingual~~] student.

(f) All members of the LPAC, including parents, shall be acting for the school district and shall observe all laws and rules governing confidentiality of information concerning individual students. The school district shall be responsible for the orientation of all members of the LPAC, including the parents. The LPAC may use alternative meeting methods, such as phone or video conferencing and the use of electronic signatures that adhere to district policy.

(g) Upon a student's initial enrollment in Texas public schools, a student's transfer from a previous Texas public school district, and at the end of each school year, the LPAC shall review all pertinent information on all potential and identified EB [~~emergent bilingual~~] students, including EB [~~emergent bilingual~~] students with a parental denial of program participation, in accordance with §89.1226 of this title (relating to Testing and Classification of Students).

(1) For students initially enrolling in Texas public schools, the LPAC shall:

(A) designate the language proficiency level of each EB [~~emergent bilingual~~] student in accordance with the guidelines issued pursuant to §89.1226(b)-(f) of this title;

(B) recommend, subject to parental approval, the initial instructional placement of each EB [~~emergent bilingual~~] student in the required bilingual or ESL program without restricting access due to scheduling, staffing, or class size constraints; and

(C) facilitate the participation of EB [~~emergent bilingual~~] students in other [~~special~~] programs for which they are eligible while ensuring full access to the language program required under TEC, §29.053.

(2) For transferring students previously enrolled in a Texas public school district, the LPAC shall:

(A) review permanent record and LPAC documentation from the previous Texas school district to determine if the student has been identified as an EB [~~emergent bilingual~~] student based on the original home language survey and initial identification process;

(B) identify previous [~~determine the continuation of the required bilingual or ESL~~] program participation with parental approval and recommend appropriate program placement based on student data and available program models [~~for students previously identified as emergent bilingual~~] or determine the need for monitoring of students who have previously met reclassification and are in their first two years of monitoring;

(C) inform parents who have previously denied program services of recommended bilingual or ESL programs available in the current district;

(D) [~~(C)~~] review linguistic progress and academic achievement data of each EB [~~emergent bilingual~~] student to inform instructional practices; and

(E) [~~(D)~~] facilitate the participation of EB [~~emergent bilingual~~] students in other [~~special~~] programs for which they are eligible while ensuring full access to the language program required under TEC, §29.053.

(3) At the end of the school year, for all identified EB [~~emergent bilingual~~] students, including EB [~~emergent bilingual~~] students with a parental denial of program participation, the LPAC shall:

(A) review English language proficiency progress [~~in English~~] and academic achievement data in English for ESL program students[~~, to the extent possible, the primary language of each emergent bilingual student~~];

(B) review English and home/partner language progress as well as academic achievement data in English and the home/partner language for bilingual program students[~~, to the extent possible, the primary language of each emergent bilingual student~~];

(C) reclassify eligible EB [~~emergent bilingual~~] students as English proficient in accordance with the criteria described in §89.1226(i) of this title;

(D) recommend exit from program of reclassified English proficient students, pending parental approval, or continuation of program participation for reclassified students participating in a dual language immersion one-way or two-way program model, according to the goals of the program; and

(E) prepare parental reports on student progress for all identified EB [~~emergent bilingual~~] students to be provided to parents within the first 30 calendar days after the beginning of the next school year, which include data on linguistic and academic progress, benefits of bilingual or ESL program participation, and the criteria for reclassification as English proficient.

(h) The LPAC shall give written notice to the student's parent, informing the parent that the student has been identified as an EB [~~emergent bilingual~~] student and requesting approval to place the student in the required bilingual [~~education~~] or ESL program not later than the 10th calendar day after the date of the student's identification [~~classification~~] in accordance with TEC, §29.056. The notice shall include information about the benefits of the recommended bilingual [~~education~~ ] or ESL program [~~for which the student has been recommended~~] and that it is an integral part of the school program.

(i) Before the administration of the state criterion-referenced test each year, the LPAC shall determine the appropriate assessment option for each EB [~~emergent bilingual~~] student as outlined in Chapter 101, Subchapter AA, of this title (relating to Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments).

(j) Pending completion of the identification process, receipt of LPAC documentation for transferring students, or parental approval of an identified EB [~~emergent bilingual~~] student's placement into the bilingual [~~education~~] or ESL program recommended by the LPAC, the school district shall place the student in the recommended program. Only EB [~~emergent bilingual~~] students with parental approval for bilingual or ESL program participation will be included in the bilingual education allotment (BEA).

(k) The LPAC shall monitor the academic progress of each student, including any student who previously had a parental denial of program participation, who has met criteria for reclassification in accordance with TEC, §29.056(g), for the first two years after reclassification. If the student earns a failing grade in a subject in the foundation curriculum under TEC, §28.002(a)(1), during any grading period in the first two school years after the student is reclassified, the LPAC shall determine, based on the student's English [~~second~~] language acquisition needs, whether the student may require targeted instruction or, after careful consideration of multiple linguistic and academic data points, should be reconsidered for placement in a bilingual [~~education~~] or ESL program. In accordance with TEC, §29.0561, the LPAC shall review the student's performance and consider, at a minimum, the following:

(1) the total amount of time the student was enrolled in a bilingual [~~education~~] or ESL program;

(2) the student's grades each grading period in each subject in the foundation curriculum under TEC, §28.002(a)(1);

(3) the student's performance on each assessment instrument administered under TEC, §39.023(a) or (c);

(4) the number of credits the student has earned toward high school graduation, if applicable; and

(5) any disciplinary actions taken against the student under TEC, Chapter 37, Subchapter A (Alternative Settings for Behavior Management).

(l) The student's permanent record shall contain documentation of all actions impacting the EB [~~emergent bilingual~~] student.

(1) Documentation shall include:

(A) the original home language survey;

(B) the identification [~~of the student~~] as an EB [~~emergent bilingual~~] student;

(D) the recommendation of program placement;

(E) parental approval or denial of placement into the program;

(F) the date of placement in the program;

(G) assessment information as outlined in Chapter 101, Subchapter AA, of this title;

(H) additional instructional linguistic accommodations provided to address the specific language needs of the student;

(I) the date of reclassification and the date of exit from the program with parental approval; and

(J) the results of monitoring for academic success, including students formerly identified [~~classified~~] as EB [~~emergent bilingual~~] students, as required under TEC, §29.063(c)(4).

(2) Current documentation as described in paragraph (1) of this subsection shall be forwarded in the same manner as other student records to another school district in which the student enrolls.

(m) A school district may place a student in or exit a student from a program without written approval of the student's parent if:

(1) the student is 18 years of age or has had the disabilities of minority removed;

(2) the parent provides approval through a phone conversation or e-mail that is documented in writing and retained; or

(3) an adult who the school district recognizes as standing in parental relation to the student provides written approval. This may include a foster parent or employee of a state or local governmental agency with temporary possession or control of the student.

§89.1226.Testing and Classification of Students.

(a) The single state-approved English language proficiency test for identification of emergent bilingual (EB) students described in subsection (c) of this section shall be used as part of the standardized, statewide identification process.

(b) Within four calendar weeks of initial enrollment in a Texas public school, a student with a language other than English indicated on the home language survey shall be administered the state-approved English language proficiency test for identification as described in subsection (c) of this section and shall be identified as an EB student [~~emergent bilingual~~] and recommended for placement into the required bilingual [~~education~~] or English as a second language (ESL) program in accordance with the criteria listed in subsection (f) of this section.

(c) To identify EB [~~emergent bilingual~~] students, school districts shall administer to each student who has a language other than English as identified on the home language survey:

(1) in prekindergarten through Grade 1, the listening and speaking components of the state-approved English language proficiency test for identification; and

(2) in Grades 2-12, the listening, speaking, reading, and writing components of the state-approved English language proficiency test for identification.

(d) School districts that provide a bilingual [~~education~~ ] program at the elementary grades shall administer a language proficiency test in the home [~~primary~~] language of the student who is eligible to be served in the bilingual [~~education~~ ] program. If the home [~~primary~~] language of the student is Spanish, the school district shall administer the Spanish version of the state-approved language proficiency test for identification. If a state-approved language proficiency test for identification is not available in the home [~~primary~~] language of the student, the school district shall determine the student's level of proficiency using informal oral language assessment measures.

(e) All language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in the language proficiency testing requirements of the test publisher.

(f) For placement into a bilingual [~~education~~] or ESL program, a student shall be identified as an EB student [~~emergent bilingual~~] using the following criteria.

(1) In prekindergarten through Grade 1, the student's score(s) from the listening and/or speaking components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.

(2) In Grades 2-12, the student's score(s) from the listening, speaking, reading, and/or writing components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.

(g) A student shall be identified as EB [~~emergent bilingual~~] if the student's beginning English language skills interfere with the completion of the English language proficiency assessment described in subsection (c) of this section.

(h) The Language Proficiency Assessment Committee [~~language proficiency assessment committee~~] (LPAC), in conjunction with the admission, review, and dismissal (ARD) committee, shall identify a student as EB [~~emergent bilingual~~] if the student's disabilities interfere with the completion of the English language proficiency assessment described in subsection (c) of this section. The [~~decision for placement into a~~] bilingual [~~education~~] or ESL program placement recommendation shall be determined [~~recommended~~] by the LPAC, in conjunction with the ARD committee, in accordance with §89.1220(f) of this title (relating to Language Proficiency Assessment Committee (LPAC)), ensuring access to both the bilingual [~~education~~] or ESL program and the special education and related services needed to provide a free, appropriate public education as identified in the student's individualized education program.

(i) An EB [~~emergent bilingual~~] student may be reclassified as English proficient only at the end of the school year in which a student routinely demonstrates readiness for reclassification as English proficient and the ability to successfully participate in grade level content instruction that is delivered with no second language acquisition supports. EB students, including those with parental denials, are eligible for linguistic or non-linguistic based designated supports or accommodations on the state criterion-referenced English language arts and reading assessment instrument when recommended by the LPAC or any other committee. These designated supports or accommodations do not prevent an EB student from meeting reclassification criteria. An EB student reclassifies as English proficient when all three of the following criteria are met [~~This determination shall be based upon all of the following~~]:

(1) a composite proficiency rating, which includes ratings in the areas of listening, speaking, reading, and writing, on the state-approved English language proficiency test for reclassification that is designated for indicating English proficiency;

(2) passing standard met on the English language arts and reading assessment instrument under Texas Education Code (TEC), §39.023(a) or (c), or, for students at grade levels not assessed by the aforementioned [~~reading~~] assessment instruments [~~instrument~~], a score at or above the 40th percentile on both the English reading and the English language arts sections of the state-approved norm-referenced standardized achievement instrument; and

(3) the results of a subjective teacher evaluation using the state's standardized rubric.

(j) An EB [~~emergent bilingual~~] student may not be reclassified as English proficient in prekindergarten or Kindergarten. A school district shall [~~must~~] ensure that EB [~~emergent bilingual~~] students are prepared to meet academic standards required by TEC, §28.0211.

[(k) An emergent bilingual student may not be reclassified as English proficient if the LPAC has recommended designated supports or accommodations on the state reading assessment instrument based on the student's second language acquisition needs. Designated supports or accommodations for non-linguistic purposes that are recommended for student use by any other committee, including the ARD committee for students served in special education, do not prevent the student from being eligible to reclassify.]

(k) [~~(l)~~] For EB [~~emergent bilingual~~] students who are also eligible for special education services, the standardized process for [~~emergent bilingual~~] student reclassification is followed in accordance with applicable provisions of subsection (i) of this section. However, annual meetings to review student progress and make recommendations for reclassification shall [~~must~~] be made in all instances by the LPAC, in conjunction with the ARD committee, in accordance with §89.1230(b) of this title (relating to Eligible Students with Disabilities). Additionally, the LPAC, in conjunction with the ARD committee, shall determine participation and designated support or accommodation decisions on state criterion-referenced and English language proficiency assessments that differentiate between language proficiency and disabling conditions in accordance with §89.1230(a) of this title.

(l) [~~(m)~~] For an EB [~~emergent bilingual~~] student with a significant cognitive disability, the LPAC, in conjunction with the ARD committee, may recommend that the state's criterion-referenced and English language proficiency assessments used for reclassification are not appropriate because of the nature of the student's disabling condition. In these cases, the LPAC, in conjunction with the ARD committee, may recommend that the student take the state's alternate criterion-referenced and alternate English language proficiency assessments. Additionally, the LPAC, in conjunction with the ARD committee, may utilize the individualized reclassification process to determine appropriate performance standard requirements for the state standardized reading assessment and English language proficiency assessment by language domain under subsection (i)(1) of this section and utilize the results of a subjective teacher evaluation using the state's standardized alternate rubric.

(m) [~~(n)~~] Notwithstanding §101.101 of this title (relating to Group-Administered Tests), all tests used for the purpose of identification and reclassification of students and approved by TEA shall [~~must~~] be re-normed at least every eight years.

§89.1227.Minimum Requirements for Dual Language Immersion Program Model.

(a) A one-way or two-way dual language immersion (DLI) program model[~~, one-way or two-way,~~] shall address all curriculum requirements specified in Chapter 74, Subchapter A, of this title (relating to Required Curriculum) [~~to include foundation and enrichment areas~~] in [~~both English and~~] the program's partner language and [~~, the~~] English [~~language proficiency standards, and college and career readiness standards~~].

(b) A DLI program model shall be a full-time program of academic instruction in the program's partner language and English for all program participants, emphasizing the participation of identified emergent bilingual (EB) students. Access to the DLI program shall not be restricted based on race, creed, color, religious affiliation, age, or disability.

(c) A DLI program model shall provide equitable, authentic resources in English and the program's partner language to ensure development of bilingualism and biliteracy.

(d) The district shall develop a language allocation plan that ensures a minimum of 50% of content area instructional time is provided in the program's partner language for the duration of the program.

(e) Program implementation shall:

(1) begin at prekindergarten, Kindergarten, or Grade 1, as applicable, according to the district's earliest grade level provided;

(2) continue without interruption incrementally through the elementary grades;

(3) consider expansion to middle school and high school whenever possible; and

(4) include participation of former emergent bilingual students who have reclassified as English proficient for the duration of the program.

(f) A DLI program model shall be developmentally appropriate and based on current best practices identified in research. Particularly, EB [~~emergent bilingual~~] students shall not be restricted access to a one-way or two-way [~~the~~] DLI program model[~~, one-way or two-way,~~] based on any linguistic or academic achievement measures in the program's partner language or English.

§89.1228.Two-Way Dual Language Immersion Program Model Implementation.

(a) Student enrollment in a two-way dual language immersion (DLI) program model is optional for non-emergent bilingual (EB) students in accordance with §89.1233(a) of this title (relating to Participation of Non-Emergent Bilingual Students).

(b) A two-way DLI program model shall fully disclose candidate selection criteria and ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability. Additionally, identified and reclassified EB [~~emergent bilingual~~] students and non-EB [~~non-emergent bilingual~~] students shall not be restricted access to the two-way DLI program model based on any linguistic or academic achievement measures in the program's partner language or English.

(c) A school district implementing a two-way DLI program model shall develop a policy for [on] enrollment and continuation for students in this program model. The policy shall address:

(1) equitable access, including the program's intention to maintain a ratio of 50% EB [~~emergent bilingual~~] students to 50% non-EB [~~non-emergent bilingual~~] students and have no more than two-thirds speakers of the partner language to one-third speakers of English in each classroom;

(2) support of program [~~goals and~~] benefits and goals as stated in §89.1210 of this title (relating to Program Content and Design);

(3) the district's commitment to providing equitable access to services for EB [~~emergent bilingual~~] students and to ensuring continuity of program for all program participants;

(4) the program's language allocation plan for the grade levels in which the program will be implemented; and

~~[(5) support of program goals as stated in §89.1210 of this title (relating to Program Content and Design); and]~~

(5) [~~(6)~~] expectations for students, families, and district and campus stakeholders [~~and parents~~].

(d) A school district implementing a two-way DLI program model shall obtain written parental approval as follows.

(1) For EB [~~emergent bilingual~~] students, written parental approval is obtained in accordance with §89.1240 of this title (relating to Parental Authority and Responsibility).

(2) For non-EB [~~non-emergent bilingual~~] students, written parental approval is obtained through a school district-developed process.

(e) A school district implementing a two-way DLI program model shall determine the appropriate assessment option for program participants as follows.

(1) For EB [~~emergent bilingual~~] students, the Language Proficiency Assessment Committee [~~language proficiency assessment committee~~] (LPAC) shall convene before the administration of the state criterion-referenced test each year to determine the appropriate assessment option for each EB [~~emergent bilingual~~] student in accordance with §89.1220(i) of this title (relating to Language Proficiency Assessment Committee (LPAC)).

(2) For reclassified EB students and non-EB [~~non-emergent bilingual~~] students, the appropriate assessment option for the administration of the state criterion-referenced test each year is determined by the LPAC or through a school district-developed process.

§89.1229.General Standards for Recognition of Dual Language Immersion Program Models.

(a) Campus [~~School~~] recognition. A school district may recognize one or more of its campuses [~~schools~~] that implement an exceptional dual language immersion (DLI) program model if the campus [~~school~~] meets all of the following criteria. The school shall:

(1) [~~The school must~~] meet the minimum requirements stated in §89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model);[.]

(2) [~~The school must~~] receive an acceptable performance rating in the state accountability system; and[.]

(3) [~~The school must~~] not have a bilingual and/or English as a second language program [be] identified in [~~for~~] any stage of intervention [~~for the district's bilingual and/or English as a second language program~~] under the state's accountability system.

(b) Student recognition. An individual [A] student participating in a DLI [~~(DLI)~~] program model is eligible for local school district recognitions, including [~~or any other state-approved bilingual or English as a second language program model may be recognized by the program and its local school district board of trustees by earning~~] a performance acknowledgement in accordance with §74.14 of this title (relating to Performance Acknowledgments).

§89.1230.Eligible Students with Disabilities.

(a) For students with disabilities, school districts shall utilize the state's criteria for identification of emergent bilingual (EB) students as described in §89.1226(f) of this title (relating to Testing and Classification of Students) and shall establish placement procedures that ensure that the placement recommendation by the Language Proficiency Assessment Committee [~~language proficiency assessment committee~~] (LPAC), in conjunction with the admission, review, and dismissal (ARD) committee, in a bilingual [~~education~~] or English as a second language program is not refused based on the student's disabling condition.

(b) LPAC members shall meet in conjunction with ARD committee members to review progress and provide recommendations regarding the educational needs of each EB [~~emergent bilingual~~] student who also qualifies for services in the school district's special education program.

§89.1233.Participation of Non-Emergent Bilingual Students.

(a) School districts shall fulfill their obligation to provide access to the required bilingual or English as a second language (ESL) program to emergent bilingual (EB) students in accordance with Texas Education Code (TEC), §29.053.

(b) School districts may enroll non-EB [~~non-emergent bilingual~~] students in the bilingual education [~~program~~] or [~~the~~] ESL program in accordance with TEC, §29.058.

(c) For participation of non-EB students in two-way dual language immersion programs, see §89.1228(c)(1) of this title (relating to Two-Way Dual Language Immersion Program Model Implementation). For all other program models, the [~~The~~] number of participating non-EB [~~non-emergent bilingual~~] students shall not exceed 40% of the number of students enrolled in those [~~the~~] bilingual or ESL [~~education~~] program models district-wide in accordance with TEC, §29.058.

§89.1235.Facilities.

(a) Bilingual [~~education~~] and English as a second language (ESL) programs shall be located in the public schools of the school district with equitable access to all educational resources rather than in separate facilities.

(b) In order to provide the required bilingual [~~education~~] or ESL programs, school districts may cluster [~~concentrate~~] the programs at designated [~~a limited number of~~] facilities within the school district.

(c) Recent immigrant emergent bilingual students shall not remain enrolled in newcomer centers for longer than two years.

§89.1240.Parental Authority and Responsibility.

(a) Identification and placement approval.

(1) [~~(a)~~] The parent shall be notified in English and the parent's home [~~primary~~] language that their child has been identified as an emergent bilingual (EB) student and recommended for placement in the required bilingual [~~education~~] or English as a second language (ESL) program using the Texas Education Agency (TEA)-developed identification and approval of placement letter.

(2) The parent shall be provided information describing the bilingual [~~education~~] or ESL program recommended, its benefits and goals, and its being an integral part of the school program to ensure that the parent understands the purposes and content of the program and their parental rights. [~~Procedures for parental approval include the following.~~]

(3) [~~(1)~~] The placement of a student in the bilingual [~~education~~] or ESL program shall [~~must~~] be approved in writing by the student's parent, or through allowable alternatives described in §89.1220(m) of this title (relating to Language Proficiency Assessment Committee (LPAC) ), in order to have the student included in the bilingual education allotment (BEA).

(4) [~~(2)~~] The parent's approval shall be considered valid for the student's continued participation in the required bilingual [~~education~~] or ESL program until:

(A) the student meets the reclassification criteria described in §89.1226(i) of this title (relating to Testing and Classification of Students);[,]

(B) the student graduates from high school;[,] or

(C) a change occurs in program placement. A change between bilingual [~~education~~] and ESL program placement requires new parental approval using the TEA-developed continuation of language program services [~~change in placement~~] letter.

(5) [~~(3)~~] If a parent denies program placement at any point, the TEA-developed parental denial of program services letter shall be used to ensure parents are informed of the implications of program denial, including understanding that the child will continue to be identified as an EB [~~emergent bilingual~~] student and will continue to be assessed annually using the Texas English Language Proficiency Assessment System (TELPAS) until reclassification criteria have been met.

(b) Reclassification and exit approval.

(1) [~~(b)~~] The school district shall use the TEA-developed parent notification of reclassification and approval of program exit letter to give written notification to the student's parent of the student's reclassification as English proficient and acquire written approval for their [~~his or her~~] exit from the bilingual [~~education~~] or ESL program as required under Texas Education Code, §29.056(a).

(2) The school district shall use the TEA-developed parent notification of reclassification and option to continue in a dual language immersion program letter to give written notification to the student's parent of the student's reclassification as English proficient and acquire written approval for continued program participation as an English proficient student.

(3) Students meeting reclassification criteria who have been recommended for exit by the Language Proficiency Assessment Committee [~~language proficiency assessment committee~~ ] (LPAC) may only exit the bilingual [~~education~~] or ESL program with parental approval. [Parental approval is also required for students participating in a dual language immersion program who have met reclassification criteria and for whom the LPAC has recommended continued program participation as an English proficient student.]

(1) [~~(c)~~] The parent of a student enrolled in a school district that is required to offer bilingual [~~education~~] or ESL programs may appeal to the commissioner of education if the school district fails to comply with the law or the rules.

(2) Appeals shall be filed in accordance with Chapter 157 of this title (relating to Hearings and Appeals).

§89.1245.Staffing and Staff Development.

(a) School districts shall take all reasonable affirmative steps to assign appropriately certified teachers to the required bilingual [~~education~~] and English as a second language (ESL) programs in accordance with Texas Education Code (TEC), §29.061, concerning bilingual [~~education~~] and ESL program teachers. School districts that are unable to secure a sufficient number of appropriately certified bilingual [~~education~~] and/or ESL teachers to provide the required programs may request activation of the appropriate permits in accordance with Chapter 230 of this title (relating to Professional Educator Preparation and Certification).

(b) School districts that are unable to employ a sufficient number of teachers, including part-time teachers, who meet the requirements of subsection (a) of this section for the bilingual [~~education~~] and ESL programs shall apply on or before November 1 for an exception to the bilingual [~~education~~] program or a waiver for the ESL program as provided in §89.1207(a) and (b) of this title (relating to Bilingual [~~Education~~] Exceptions and English as a Second Language Program Waivers) [~~or a waiver of the certification requirements in the ESL program as provided in §89.1207(b) of this title as needed~~].

(c) Teachers assigned to the bilingual or [~~education program and/or~~] ESL program may receive salary supplements through bilingual education allotment funds as authorized by TEC, §48.105.

(d) School districts may compensate teachers and aides assigned to bilingual or [~~education and~~] ESL programs for participation in virtual, face-to-face, and hybrid professional development outside of regular work hours designed to increase their skills or lead to bilingual [~~education~~] or ESL certification.

(e) The commissioner of education shall encourage school districts to cooperate with colleges and universities to provide training for teachers assigned to [~~the~~] bilingual or [~~education and/or~~] ESL programs.

(f) The Texas Education Agency shall develop, in collaboration with education service centers, resources for implementing bilingual [~~education~~] and ESL training programs. The materials shall provide a framework for:

(1) developmentally appropriate bilingual and ESL [~~education~~] programs for prekindergarten through Grade 12 [~~early childhood through the elementary grades~~];

(2) affectively, linguistically, and cognitively appropriate instruction in bilingual [~~education~~] and ESL programs in accordance with §89.1210(b)(1)-(3) of this title (relating to Program Content and Design); and

(3) developmentally appropriate programs for emergent bilingual students identified with multiple needs and/or exceptionalities.

§89.1250.Required Summer School Programs.

(a) Criteria. Summer school programs that are provided under Texas Education Code (TEC), §29.060, for emergent bilingual (EB) students who will be eligible for admission to Kindergarten or Grade 1 at the beginning of the next school year shall be implemented in accordance with this section.

(b) [~~(1)~~] Purpose of summer school programs.

(1) [~~(A)~~] EB [~~Emergent bilingual~~] students, including those also receiving special education services, shall have an opportunity to receive targeted [~~special~~] instruction designed to prepare them to be successful in Kindergarten and Grade 1.

(2) [~~(B)~~] Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student, including instruction in English and the home [~~primary~~] or partner language according to the program model.

(3) [~~(C)~~] The program shall address the affective, linguistic, and cognitive needs of EB [~~the emergent bilingual~~] students in accordance with §89.1210(b) of this title (relating to Program Content and Design).

(1) [~~(A)~~] Each school district required to offer a bilingual or English as a second language (ESL) program in accordance with TEC, §29.053, shall offer the summer program.

(2) [~~(B)~~] To be eligible for enrollment:

(A) [~~(i)~~] a student shall [~~must~~] be eligible for admission to Kindergarten or to Grade 1 at the beginning of the next school year and shall [~~must~~ ] be identified as an EB [~~emergent bilingual~~] student; and

(B) [~~(ii)~~] a parent shall [~~must~~] have approved placement of the EB [~~emergent bilingual~~] student in the required bilingual or ESL program following the procedures described in §89.1220(g) of this title (relating to Language Proficiency Assessment Committee (LPAC)) and §89.1226(b)-(f) of this title (relating to Testing and Classification of Students) prior to participation in the summer school program.

(d) [~~(3)~~] Operation of the program.

(1) [~~(A)~~] Enrollment is optional.

(2) School districts that operate on a semester system shall offer 120 hours of instruction:

(A) during the period that school is recessed for the summer; and

(B) on a one-half day basis for eight weeks or on a similar schedule approved by the board of trustees.

(3) School districts that operate on a system other than a semester system shall offer 120 hours of instruction on a schedule approved by the board of trustees.

~~[(B) The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction.]~~

(4) [~~(C)~~] The student/teacher ratio for the program district-wide shall not exceed 18 to 1.

(5) [~~(D)~~] A school district is not required to provide transportation for the summer program.

(6) [~~(E)~~] Employees providing summer school instruction [~~Teachers~~] shall possess certification as required in TEC, §29.061, and §89.1245 of this title (relating to Staffing and Staff Development).

(7) [~~(F)~~] Reporting of student progress shall be approved [~~determined~~] by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term.

(8) [~~(G)~~] A school district may join with other school districts in cooperative efforts to plan and implement programs.

(9) [~~(H)~~] The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in TEC, §29.153.

(e) [~~(4)~~] Funding and records for programs.

(1) [~~(A)~~] A school district shall use state and local funds for program purposes.

(A) [~~(i)~~] Available funds appropriated by the legislature for the support of summer school programs provided under TEC, §29.060, shall be allocated to school districts in accordance with this subsection.

(B) [~~(ii)~~] Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to 1. The numbers of students required to earn units shall be established by the commissioner. The allotment per unit shall be determined by the commissioner based on funds available.

(C) [~~(iii)~~] Any school district required to offer the program under paragraph (2)(A) of this subsection that has fewer than 10 students district-wide desiring to participate is not required to operate the program. However, those school districts shall [~~must~~] document that they have encouraged students' participation in multiple ways.

(D) [~~(iv)~~] Reimbursement payments [~~Payment~~] to school districts for summer school programs shall be based on units employed. This information shall [~~must~~] be submitted in a manner and according to a schedule established by the commissioner in order for a school district to be eligible for funding.

(2) [~~(B)~~] A school district shall maintain records of eligibility, attendance, and progress of students.

§89.1265.Program Evaluation.

(a) All school districts required to implement a bilingual [~~education~~] or English as a second language (ESL) program shall conduct an annual evaluation in accordance with Texas Education Code (TEC), §29.053, collecting a full range of data to determine program effectiveness to ensure student academic success. The annual evaluation report shall be presented to the board of trustees before November 1 of each year and the report shall be retained at the school district level in accordance with TEC, §29.062.

(b) Annual school district reports of educational performance shall reflect:

(1) the academic progress in the language(s) of instruction for emergent bilingual (EB) students by bilingual [~~education~~ ] and/or ESL program model;

(2) the extent to which EB [~~emergent bilingual~~] students are developing English proficiency by bilingual [~~education~~] and/or ESL program model, including proficiency in the partner language for students participating in a dual language immersion program model;

(3) the number of students who have been reclassified as English proficient and their continued academic progress after reclassification; and

(4) the number of teachers and aides trained and the frequency, scope, and results of the professional development in approaches and strategies that support second language acquisition.

(c) In addition, for those school districts that filed in the previous year and/or will be filing a bilingual [~~education~~] exception and/or ESL waiver in the current year, the annual district report of educational performance shall also reflect:

(1) the number of teachers for whom a bilingual [~~education~~ ] exception or ESL waiver was/is being filed;

(2) the number of teachers for whom a bilingual [~~education~~ ] exception or ESL waiver was filed in the previous year who successfully obtained certification;

(3) the frequency and scope of a comprehensive professional development plan, implemented as required under §89.1207 of this title (relating to Bilingual [~~Education~~] Exceptions and English as a Second Language Program Waivers), and results of such plan if a bilingual [~~education~~] exception and/or ESL waiver was filed in the previous school year; and

(4) the number of students under the bilingual [~~education~~ ] exception and/or [or] ESL waiver who were/are temporarily served with [~~in an~~] alternative methods [~~language program~~].

(d) School districts shall report to parents their child's English proficiency development [~~the progress of their child in acquiring English~~] as a result of participation in the program offered to EB [~~emergent bilingual~~] students.

(e) In alignment with the district improvement plan, each school year, the principal of each school campus, with the assistance of the campus level committee, shall develop, review, and revise the campus improvement plan described in TEC, §11.253, for the purpose of improving student performance for EB [~~emergent bilingual~~] 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 September 30, 2024.

TRD-202404697

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 10, 2024

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