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 Repeal of 19 TAC Chapter 61, School Districts, Subchapter II, Commissioner's Rules Concerning High School Allotment 
Summary: The proposed repeal is necessary because the statutory authority for the subchapter was repealed by House Bill 3, 86th Texas Legislature, 2019, effective September 1, 2019.
Publication in the Texas Register: July 12, 2019
Public Comment Period: July 12, 2019-August 12, 2019
Proposed Effective Date: September 15, 2019

Send a public comment on Proposed Repeal of 19 TAC Chapter 61, Subchapter II 


Proposed New 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning Special Education Services, Division 2, Clarification of Provisions in Federal Regulations and State Law, §89.1094, Students Receiving Special Education and Related Services in an Off-Campus Program
Summary: The proposed new rule would establish provisions for Texas Education Agency's approval and monitoring of off-campus programs for students receiving special education and related services.
Publication in the Texas Register: June 28, 2019
Public Comment Period: June 28, 2019-July 29, 2019
Public Hearing Notice: Public hearings to solicit testimony and input on the proposal will be held at 1:00 p.m. on July 15, 2019, and on July 18, 2019, in Room 1-100, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Anyone wishing to testify at one of the hearings must sign in between 12:45 p.m. and 1:30 p.m. on the day of the respective hearing. The hearing will conclude once all who have signed in have been given the opportunity to comment. Due to construction work around the William B. Travis Building, parking for persons with physical disabilities is limited, but spaces are available in Garage R, located on the block directly east of the William B. Travis Building, on every level nearest to the elevators.
Proposed Effective Date: September 22, 2019

Send a public comment on Proposed New 19 TAC §89.1094 

 


Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1051, Definitions, and Proposed New §97.1060, Considerations Regarding Needs Improvement Rating 
Summary: The proposed amendment to §97.1051 would expand the definition for campus turnaround, remove the definition for professional service provider, and add definitions for chain of unacceptable performance ratings and intervention pause. Proposed new §97.1060 would implement and clarify the interventions that will result from an assignment of a "D" rating to a public school in accordance with statutory provisions.
Publication in the Texas Register: June 28, 2019
Public Comment Period: June 28, 2019-July 29, 2019
Public Hearing Notice: A public hearing on the proposal will be held at 9:30 a.m. on July 15, 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 9:00 a.m. and 9:30 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: September 22, 2019

Send a public comment on Proposed Amendment to 19 TAC §97.1051 and Proposed New 19 TAC §97.1060


Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1002, Application and Selection Procedures and Criteria
Summary: The proposed amendment would revise the current rule concerning procedures for application review and criteria for advancement in the application process.
Publication in the Texas Register: June 21, 2019
Public Comment Period: June 21, 2019-July 22, 2019
Proposed Effective Date: September 15, 2019

 

Send a public comment on Proposed Amendment to 19 TAC §100.1002


Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1015, Applicants for an Open-Enrollment Charter, Public Senior College or University Charter, or Public Junior College Charter 
Summary: The proposed amendment would clarify terminology; remove the exception to the minimum school size requirement; establish an exception to the minimum qualification requirements for schools that serve youth referred to or placed in a residential trade center by a local or state agency; amend the timeframe for charter schools to have at least 50% of their students in tested grades; and modify the list of content that, if included, would cause an application to be removed from consideration.
Publication in the Texas Register: June 21, 2019
Public Comment Period: June 21, 2019-July 22, 2019
Proposed Effective Date: September 15, 2019

Send a public comment on Proposed Amendment to 19 TAC §100.1015


Proposed Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter AA, Commissioner's Rules Concerning Financial Accountability, §109.1001, Financial Accountability Ratings 
Summary: The proposed amendment would update financial accountability rating information and rating worksheets for school districts, open-enrollment charter schools, and charter schools operated by public institutions of higher education.
Publication in the Texas Register: June 21, 2019
Public Comment Period: June 21, 2019-July 22, 2019
Proposed Effective Date: September 15, 2019

Send a public comment on Proposed Amendment to 19 TAC §109.1001

School FIRST - Rating Worksheet Dated June 2019 for rating years 2017-2018 through 2019-2020
School FIRST - Rating Worksheet Dated June 2019 for rating year 2020-2021
Charter FIRST - Rating Worksheet Dated June 2019 for rating year 2017-2018
Charter FIRST - Rating Worksheet Dated June 2019 for rating year 2020-2021
IHE Charter FIRST - Rating Worksheet Dated June 2019 for rating years 2016-2017 through 2019-2020
IHE Charter FIRST - Rating Worksheet Dated June 2019 for rating year 2020-2021


Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1025, Adoption by Reference: Student Attendance Accounting Handbook 
Summary: The amendment would adopt by reference the 2019-2020 Student Attendance Accounting Handbook.
Publication in the Texas Register: July 5, 2019
Public Comment Period: July 5, 2019-August 5, 2019
Proposed Effective Date: September 30, 2019

Send a public comment on Proposed Amendment to 19 TAC §129.1025

 


PROPOSED RULES WITH CLOSED PUBLIC COMMENT PERIODS


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 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

 


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


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


Proposed Repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1004, Adequate Yearly Progress
Summary: The proposed repeal is necessary because the rule is concerned with requirements from the No Child Left Behind Act of 2001, which is no longer in effect.

 

Publication in the Texas Register: May 31, 2019
Public Comment Period: May 31, 2019 - July 1, 2019
Proposed Effective Date: September 1, 2019

2012 Adequate Yearly Progress Guide


 

Proposed Amendments to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 2, Contracting to Partner to Operate a District Campus, §97.1075, Contracting to Partner to Operate a Campus under Texas Education Code, §11.174, and §97.1079, Determination Processes and Criteria for Eligible Entity Approval under Texas Education Code, §11.174 
Summary: The proposed amendment to §97.1075 would clarify which entities are subject to the requirements of Texas Education Code, §11.174(c). The proposed amendment to §97.1079 would correct a statutory reference and remove alternate authority for the commissioner to approve entity eligibility requests.

Publication in the Texas Register: May 31, 2019
Public Comment Period: May 31, 2019 - July 1, 2019
Proposed Effective Date: September 1, 2019


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


 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