PART 2. TEXAS EDUCATION AGENCY
CHAPTER 103. HEALTH AND SAFETY
SUBCHAPTER CC. COMMISSIONER’S RULES CONCERNING SAFE SCHOOLS
The Texas Education Agency adopts new §103.1205, concerning safe schools. The amendment is adopted without changes to the proposed text as published in the July 19, 2024 issue of the Texas Register (49 TexReg 5248) and will not be republished. The adopted new rule implements House Bill (HB) 114, 88th Texas Legislature, Regular Session, 2023, by defining violent conduct for the purpose of disciplinary alternative education program (DAEP) placement when the program is at capacity.
REASONED JUSTIFICATION: Texas Education Code (TEC), §37.009(a-2), as added by HB 114, 88th Texas Legislature, Regular Session, 2023, states that if a DAEP is at capacity at the time the campus behavior coordinator is determining placement of a student who engaged in an expellable offense under TEC, §37.007, for violent conduct, as defined by commissioner of education rule, a student who is currently placed at the DAEP for a marihuana, e-cigarette, alcohol, or abusable, volatile chemical offense could be removed from the DAEP and placed in in-school suspension (ISS) to make a position available for the student who engaged in violent conduct. The student moved to ISS would be returned to the DAEP if a position became available before the end of their assigned placement.
Adopted new §103.1205 defines violent conduct as required by statute.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began July 19, 2024, and ended August 19, 2024. Following is a summary of the public comment received and the agency response.
Comment: The Texas Council of Administrators of Special Education requested an amendment to subsection (a) to include additional clarification regarding students who are removed from a DAEP and placed in in-school suspension; an amendment to subsection (c) to include a reference to TEC, §37.004, regarding the placement of students with disabilities and TEC, §37.009, regarding the conference, hearing, and review process; and clarification on which staff members can determine placement for a student in a DAEP.
Response: The agency disagrees to make these detailed clarifications, as local education agencies must comply with both statute and rule, making it is unnecessary to reference or repeat statutory language or sections when it is not essential for rule implementation.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code, §37.006, as amended by House Bill (HB) 114, 88th Texas Legislature, Regular Session, 2023, which establishes criteria for the removal of a student to a disciplinary alternative education program for certain conduct; TEC, §37.007, as amended by HB 114, 88th Texas Legislature, Regular Session, 2023, which establishes criteria for the expulsion of a student for serious offenses; and TEC, §37.009, as amended by HB 114, 88th Texas Legislature, Regular Session, 2023, which establishes criteria for the conference, hearing, and review process for a student who has been removed.
CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §§37.006, 37.007, and 37.009, as amended by House Bill 114, 88th Texas Legislature, Regular Session, 2023.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 9, 2024.
TRD-202404792
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: October 29, 2024
Proposal publication date: July 19, 2024
For further information, please call: (512) 457-1497