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


 

Currently, there are no proposed commissioner of education rules with open public comment periods.

 


PROPOSED RULES WITH CLOSED PUBLIC COMMENT PERIODS


Proposed Amendments to 19 TAC Chapter 62, Commissioner's Rules Concerning Options for Local Revenue Levels in Excess of Entitlement
Summary: The proposed amendment to §62.1001 would remove language that prohibits a school district's board of trustees from delegating certain authority. The proposed amendment to §62.1072 would adopt as a part of the TAC the official Texas Education Agency (TEA) publications Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2021-2022 School Year and Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2022-2023 School Year. The manuals contain the processes and procedures that TEA will use in the administration of the provisions of Texas Education Code (TEC), Chapter 49, and the fiscal, procedural, and administrative requirements that school districts subject to TEC, Chapter 49, must meet.
Publication in the Texas Register: October 8, 2021
Public Comment Period: October 8, 2021-November 8, 2021
Proposed Effective Date: January 26, 2022


Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter AA, Commissioner's Rules on College and Career Readiness, §74.1003, Industry-Based Certifications for Public School Accountability
Summary: The proposed amendment would codify the criteria used to identify the industry-based certifications to be used for public school accountability.
Publication in the Texas Register: July 16, 2021
Public Comment Period: July 16, 2021-August 16, 2021
Proposed Effective Date: October 19, 2021


Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter AA, Commissioner's Rules on College and Career Readiness, §74.1007, College, Career, or Military Readiness Outcomes Bonus
Summary: The amendment would modify the guidelines for the annual calculation of the College, Career, or Military Readiness Outcomes Bonus to implement House Bill (HB) 1147 and HB 1525, 87th Texas Legislature, Regular Session, 2021.
Publication in the Texas Register: October 22, 2021
Public Comment Period: October 22, 2021-November 22, 2021
Proposed Effective Date: February 8, 2022


Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter CC, Commissioner's Rules Concerning Reading Practices, §74.2001, Phonics Curriculum
Summary: The proposed new rule would implement statutory requirements for a phonics curriculum as required by House Bill 3, 86th Texas Legislature, 2019.
Publication in the Texas Register: October 8, 2021
Public Comment Period: October 8, 2021-November 8, 2021
Proposed Effective Date: January 26, 2022


Proposed Amendments to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions
Summary: The proposed amendments would modify the rules to clarify the applicability of a district's last issued accreditation status during years in which a district's accreditation status is withheld pending completion of an appeal or review and to indicate which academic accountability ratings and accreditation statuses are consecutive as a result of the learning disruptions caused by the COVID-19 pandemic. The proposed amendments would also implement Senate Bill 1365, 87th Texas Legislature, Regular Session, 2021, by reflecting changes related to the Not Rated accountability rating and updating statutory references.
Publication in the Texas Register: October 8, 2021
Public Comment Period: October 8, 2021-November 8, 2021
Proposed Effective Date: January 26, 2022


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 adopt in rule the 2020 Charter School Performance Framework (CSPF) Manual, which would be updated to comply with statutory provisions and clarify the operation of the CSPF to rate the performance of open-enrollment charter schools in Texas.
Publication in the Texas Register: September 3, 2021
Public Comment Period: September 3, 2021-October 4, 2021
Public Hearing Information: A public hearing to solicit testimony and input on the proposal will be held at 9:00 a.m. on October 4, 2021. The public may participate in the hearing by linking to the meeting at https://us02web.zoom.us/meeting/register/tZAld-2upjwuGd3aeJct4ecE2MgDiWbU4Nrn. Parties interested in testifying must register online by 9:00 a.m. on the day of the hearing and are encouraged to also send written testimony to charterschools@tea.texas.gov. Testimony will be limited to three minutes per speaker. The hearing will conclude once all who have registered have been given the opportunity to comment. Questions about the hearing should be directed to the Division of Charter School Authorizing and Administration, Texas Education Agency, (512) 463-9575.
Proposed Effective Date: December 7, 2021


Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 4, Property of Open-Enrollment Charter Schools, §100.1067, Possession and Control of the Public Property of a Former Charter Holder
Summary: The proposed amendment would implement Senate Bill 1454, 86th Texas Legislature, 2019, which established state oversight of related-party and other transactions conducted by charter schools and described how closed charter school funds and property are to be handled.
Publication in the Texas Register: June 18, 2021
Public Comment Period: June 18, 2021-July 19, 2021
Proposed Effective Date: September 21, 2021


Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 3, Security of Assessments, Required Test Administration Procedures and Training Activities, §101.3031, Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments
Summary: The proposed amendment would modify the rule to implement Senate Bill 1267, 87th Texas Legislature, Regular Session, 2021, which removed the requirement for annual security and test administration training for all test administration personnel.
Publication in the Texas Register: October 15, 2021
Public Comment Period: October 15, 2021-November 15, 2021
Proposed Effective Date: February 8, 2022


Proposed New 19 TAC Chapter 102, Educational Programs, Subchapter MM, Commissioner's Rules Concerning Supplemental Special Education Services Program, §102.1601, Supplemental Special Education Services and Instructional Materials Program for Certain Public School Students Receiving Special Education Services
Summary: The proposed new section would implement the Supplemental Special Education Services program added by Senate Bill 1716, 87th Texas Legislature, Regular Session, 2021.
Publication in the Texas Register: October 8, 2021
Public Comment Period: October 8, 2021-November 8, 2021
Public Hearing Information: Public hearings to solicit testimony and input on the proposal will be held at 9:00 a.m. on October 19 and 21, 2021, via Zoom. The public may participate in either hearing virtually by linking to the hearings at https://us02web.zoom.us/j/87809241946. The public may attend one or both hearings. Anyone wishing to testify at one of the hearings must sign in between 8:30 a.m. and 9:00 a.m. on the day of the respective hearing. Each hearing will conclude once all who have signed in have been given the opportunity to comment. Each individual's comments are limited to three minutes, and each individual may comment only once. Both hearings will be recorded and made available publicly. Parties who are interested in providing written comments in addition to, or in lieu of, public testimony are encouraged to send written comments to spedrule@tea.texas.gov. Questions about the hearings should be directed to SpecialEducation@tea.texas.gov. Additionally, persons requiring special accommodations, including the use of an interpreter, should notify the agency by emailing SpecialEducation@tea.texas.gov at least five working days before the respective hearing.
Proposed Effective Date: December 12, 2021


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 and open-enrollment charter schools, including adjustments required under Texas Education Code, §39.087, as added by House Bill 1525, 87th Texas Legislature, Regular Session, 2021.
School FIRST - Rating Worksheet Dated October 2021 for Rating Years 2020-2021+
Charter FIRST - Rating Worksheet Dated October 2021 for Rating Years 2020-2021+

Publication in the Texas Register: September 3, 2021
Public Comment Period: September 3, 2021-October 4, 2021
Proposed Effective Date: December 7, 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 proposed amendment would adopt by reference the 2021-2022 Student Attendance Accounting Handbook. The handbook provides student attendance accounting rules for school districts and charter schools.
Publication in the Texas Register: October 22, 2021
Public Comment Period: October 22, 2021-November 22, 2021
Proposed Effective Date: February 15, 2022


Proposed Amendments to 19 TAC Chapter 153, School District Personnel, Subchapter EE, Commissioner's Rules Concerning Registry of Persons Not Eligible for Employment in Public Schools
Summary: The proposed amendments would parallel the terms used in rule with the terms used in statute for clarity and ease of reference and implement Senate Bill 1356, 87th Texas Legislature, Regular Session, 2021.
Publication in the Texas Register: October 15, 2021
Public Comment Period: October 15, 2021-November 15, 2021
Proposed Effective Date: February 8, 2022

Contact Information

For questions about the process of proposing, adopting, or publishing Texas Administrative Code rules; reviewing existing rules; or petitioning for rule changes, email the Rulemaking Division at rules@tea.texas.gov.