Proposed Commissioner of Education Rules

All proposed new rules, proposed amendments to existing rules, and proposed repeals being considered by the commissioner of education are available here. The rule text on this page reflects what was filed as proposed with the Texas Register. Rule actions will remain on this page until approved for adoption by the commissioner and filed as adopted with the Texas Register.

During the proposed rule public comment period, you may submit public comments electronically using the public comment form. See proposals below for their comment periods.

If you have questions about the public comment process for proposed rulemaking, please view our Frequently Asked Questions (FAQ) page or contact the TEA Rulemaking Unit at (512) 475-1497 or by email at rules@tea.texas.gov.

The following links present the preamble filed with the Texas Register in PDF format. The preamble includes information describing the proposed rule action as well as the rule text. The PDF contains a bookmark that will allow you to navigate directly to the beginning of the rule text using the bookmarks feature of your PDF reader.

If you do not have a PDF reader, you may download the Adobe Acrobat Reader for free from the Adobe website.


PROPOSED RULES WITH OPEN PUBLIC COMMENT PERIODS

Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1001, Accountability Rating System

Summary: The proposed amendment would adopt in rule applicable excerpts of the 2019 Accountability Manual.
Publication in the Texas Register: May 3, 2019
Public Comment Period: May 3, 2019 - June 3, 2019
Public Hearing Notice: A public hearing on the proposal will be held at 8:30 a.m. on May 22, 2019, in Room 1-111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Anyone wishing to testify at the hearing must sign in between 8:15 a.m. and 9:00 a.m. on the day of the hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearing should be directed to Performance Reporting at (512) 463-9704.
Proposed Effective Date: August 5, 2019

2019 Accountability Manual 

Send a public comment on Proposed Amendment to 19 TAC §97.1001  


Proposed Repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1002, Accountability Rating System Provisions Related to Hurricane Harvey

Summary: The proposed repeal is necessary because the Hurricane Harvey Provision applied only to excerpts of the 2018 Accountability Manual, which will be replaced by the 2019 Accountability Manual in August 2019.
Publication in the Texas Register: May 24, 2019
Public Comment Period: May 24, 2019 - June 24, 2019
Public Hearing Notice: A public hearing on the proposed repeal will be held at 8:30 a.m. on June 20, 2019, in Room 1-104, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Anyone wishing to testify at the hearing must sign in between 8:15 a.m. and 9:00 a.m. on the day of the hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearing should be directed to Performance Reporting at (512) 463-9704.
Proposed Effective Date: August 25, 2019

Excerpted Section of the 2018 Accountability Manual: Provisions Related to Hurricane Harvey

Send a public comment on Proposed Repeal of 19 TAC §97.1002

 


Proposed New 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1003, Local Accountability System 
Summary: The proposed new rule would establish provisions related to the local accountability system and adopt in rule the 2019 Local Accountability System Manual.
Publication in the Texas Register: May 3, 2019
Public Comment Period: May 3, 2019 - June 3, 2019
Public Hearing Notice: A public hearing on the proposal will be held at 1:00 p.m. on May 22, 2019, in Room 1-111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Anyone wishing to testify at the hearing must sign in between 12:15 p.m. and 1:00 p.m. on the day of the hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearing should be directed to Performance Reporting at (512) 463-9704.
Proposed Effective Date: August 5, 2019

2019 Local Accountability System Manual 

Send a public comment on Proposed New 19 TAC §97.1003  


Proposed Revisions to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 6, Charter School Operations 
Summary: The proposed amendment to §100.1211 would address a charter holder's admission and enrollment policy, maintenance of student records, and submission of the charter school's campus calendar to the Texas Education Agency. Proposed new §100.1212 would implement state and federal law by including minimum qualifications and certification requirements for charter school personnel as well as criminal history requirements.
Publication in the Texas Register: April 26, 2019
Public Comment Period: April 26, 2019 - May 28, 2019
Proposed Effective Date: August 5, 2019

Send a public comment on Proposed Revisions to 19 TAC Chapter 100, Subchapter AA


Proposed New 19 TAC Chapter 101, Assessment, Subchapter FF, Commissioner's Rules Concerning Diagnostic Assessment, §101.6003, Local Assessments 
Summary: The proposed new rule would clarify statutory provisions in Texas Education Code, Chapter 39, regarding administration of district-required assessment instruments.
Publication in the Texas Register: April 19, 2019
Public Comment Period: April 19, 2019 - May 20, 2019
NOTE: The public comment period was extended to May 28, 2019, due to incorrect information posted previously on this website. 
Proposed Effective Date: August 5, 2019

Send a public comment on Proposed New 19 TAC §101.6003


Proposed New 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter DD, Commissioner's Rules Concerning Fiscal Peer Groups, §109.4001, Establishment of Fiscal Peer Groups 
Summary: The proposed new rule would establish the criteria to be used to place school districts and open-enrollment charter schools into fiscal peer groups for purposes of an online financial information tool.
Publication in the Texas Register: May 17, 2019
Public Comment Period: May 17, 2019 - June 17, 2019
Public Hearing Notice: A public hearing to solicit testimony and input on the proposal will be held at 9:00 a.m. on May 29, 2019, in Room 1-104, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701. Anyone wishing to testify at the hearing must sign in between 8:00 a.m. and 9:00 a.m. on the day of the hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment.
Proposed Effective Date: August 11, 2019

Send a public comment on Proposed New 19 TAC §109.4001  


Proposed Amendment to 19 TAC Chapter 151, Commissioner's Rules Concerning Passing Standards for Educator Certification Examinations, §151.1001, Passing Standards 
Summary: The proposed amendment would specify the satisfactory scores for the new Principal as Instructional Leader examination and the new Performance Assessment for School Leaders as well as update the passing standards for several other examinations.
Publication in the Texas Register: May 17, 2019
Public Comment Period: May 17, 2019 - June 17, 2019
Proposed Effective Date: July 29, 2019

Passing Standards for Early Childhood through Grade 6 Examinations 
Passing Standards for Grades 4-8 Examinations 
Passing Standards for Secondary Mathematics and Science Examinations 
Passing Standards for Secondary English Language Arts and Social Studies Examinations 
Passing Standards for Speech and Journalism Examinations 
Passing Standards for Fine Arts Examinations 
Passing Standards for Health and Physical Education Examinations 
Passing Standards for Computer Science and Technology Applications Examinations
Passing Standards for Career and Technical Education Examinations 
Passing Standards for Languages Other Than English (LOTE) Examinations 
Passing Standards for Special Education Examinations 
Passing Standards for Supplemental Examinations
Passing Standards for Pedagogy and Professional Responsibilities Examinations
Passing Standards for Student Services Examinations
Passing Standards for Administrator Examinations

Send a public comment on Proposed Amendment to 19 TAC §151.1001


PROPOSED RULES WITH CLOSED PUBLIC COMMENT PERIODS


Proposed Amendment to 19 TAC Chapter 53, Regional Education Service Centers, Subchapter AA, Commissioner's Rules, §53.1001, Board of Directors

Summary: The proposed amendment would specify that a board of trustees member for a regional education service center may not be engaged professionally in Kindergarten-Grade 12 education.
Publication in the Texas Register: March 22, 2019
Public Comment Period: March 22, 2019 - April 22, 2019


Proposed New 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter DD, Instructional Materials Portal

Summary: The new rules would implement House Bill 3526 and Senate Bill 810, 85th Texas Legislature, Regular Session, 2017, by specifying procedures by which publishers submit instructional materials for inclusion in the instructional materials web portal.

Public Comment Period: February 22, 2019 - March 25, 2019
Public Hearing Notice: A public hearing to solicit testimony and input on the proposal will be held at 8:30 a.m. on March 21, 2019, in Room 1-100, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Anyone wishing to testify at the hearing must sign in between 8:15 a.m. and 9:00 a.m. on the day of the hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment.


Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter CC, Commissioner's Rules Concerning Adult and Community Education, §89.1311, Memorandum of Understanding to Provide Educational Services to Released Offenders

Summary: The proposed repeal is necessary because the statutory authority for adult basic education was transferred from the Texas Education Agency to the Texas Workforce Commission effective September 1, 2013.
Publication in the Texas Register: April 5, 2019
Public Comment Period: April 5, 2019 - May 6, 2019 
Proposed Effective Date: July 8, 2019


Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1010, Performance Frameworks 
Summary: The proposed amendment would modify the existing rule to include the 2018 Charter School Performance Framework Manual as Figure: 19 TAC §100.1010(c). The new manual would be updated to comply with statutory requirements, track agency policy including academic accountability and the Financial Integrity Rating System of Texas (FIRST), and more fully utilize available school data.
Publication in the Texas Register: April 5, 2019
Public Comment Period: April 5, 2019 - May 6, 2019 
Proposed Effective Date: July 8, 2019

2018 Charter School Performance Framework Manual