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 Revisions to 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner's Rules Concerning School Facilities
Summary: The proposed revisions would remove an obsolete rule, provide an end date for the current school facilities standards rule, and create a new rule to implement the safety standards required by Senate Bill 11, 86th Texas Legislature, 2019.
Publication in the Texas Register: April 9, 2021
Public Comment Period: April 9, 2021-May 10, 2021
Proposed Effective Date: July 15, 2021

Send a public comment on Proposed Revisions to 19 TAC Chapter 61, Subchapter CC


Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner's Rules Concerning School Facilities, §61.1037, Science Laboratory Grant Program
Summary: The proposed amendment would update a reference to statute that was recodified by House Bill 3, 86th Texas Legislature, 2019, and update references to administrative rules on school facilities standards in order to be more encompassing.
Publication in the Texas Register: March 26, 2021
Public Comment Period: March 26, 2021-April 26, 2021
Proposed Effective Date: June 29, 2021

Send a public comment on Proposed Amendment to 19 TAC §61.1037


Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter EE, Commissioner's Rules Concerning the Communities In Schools Program
Summary: The proposed amendments would modify the rules to reflect updates in program management and align with current practice.
Publication in the Texas Register: March 19, 2021
Public Comment Period: March 19, 2021-April 19, 2021
Proposed Effective Date: June 22, 2021

Send a public comment on Proposed Amendments to Chapter 89, Subchapter EE


Proposed Repeal of 19 TAC Chapter 102, Educational Programs, Subchapter EE, Commissioner's Rules Concerning Pilot Programs, §102.1054, Intensive Summer Pilot Program
Summary: The proposed repeal would remove the rule because its authorizing statute no longer exists.
Publication in the Texas Register: April 2, 2021
Public Comment Period: April 2, 2021-May 3, 2021
Proposed Effective Date: July 6, 2021

Send a public comment on Proposed Repeal of 19 TAC §102.1054


Proposed Repeal of 19 TAC Chapter 102, Educational Programs, Subchapter FF, Commissioner's Rules Concerning Educator Award Programs, §102.1071, Governor's Educator Excellence Award Program--Texas Educator Excellence Grant
Summary: The proposed repeal would remove the rule because its authorizing statute no longer exists.
Publication in the Texas Register: April 2, 2021
Public Comment Period: April 2, 2021-May 3, 2021
Proposed Effective Date: July 6, 2021

Send a public comment on Proposed Repeal of 19 TAC §102.1071


Proposed Amendments to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter CC, Commissioner's Rules Concerning Federal Fiscal Compliance and Reporting
Summary: The proposed amendments would modify the existing rules to reflect changes to federal statutes, regulations, non-regulatory guidance, and delegation agreements.
Publication in the Texas Register: April 2, 2021
Public Comment Period: April 2, 2021-May 3, 2021
Figure: IDEA-B LEA MOE Guidance Handbook proposed for repeal
Figure: NCLB LEA MOE Guidance Handbook proposed for repeal
Figure: Proposed New Indirect Cost Rate Guidance Handbook
Proposed Effective Date: July 18, 2021

Send a public comment on Proposed Amendments to 19 TAC §109.3001 and §109.3003


PROPOSED RULES WITH CLOSED PUBLIC COMMENT PERIODS


Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1011, Formula Transition Grant
Summary: The proposed amendment would modify the rule to clarify average daily attendance (ADA) calculations to include those related to the ADA hold harmless provisions for the 2019-2020 and 2020-2021 school years.
Publication in the Texas Register: February 12, 2021
Public Comment Period: February 12, 2021-March 15, 2021
Proposed Effective Date: May 23, 2021


Proposed Repeal of 19 TAC Chapter 103, Health and Safety, Subchapter CC, Commissioner's Rules Concerning Safe Schools, §103.1205, Pilot Program for Placement of Students in Junior Reserve Officers Training Corps (JROTC) Program
Summary: The proposed repeal would remove the rule since its authorizing statute has expired.
Publication in the Texas Register: January 1, 2021
Public Comment Period: January 1, 2021-February 1, 2021
Proposed Effective Date: April 4, 2021


Proposed New 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter EE, Commissioner's Rules Concerning Financial Accounting Guidelines, §109.5001, Financial Accountability System Resource Guide
Summary: The proposed new rule would adopt by reference the Financial Accountability System Resource Guide (FASRG), dated June 2021. The FASRG provides accounting rules for school districts, open-enrollment charter schools, and education service centers. The FASRG modules are available electronically on the Texas Education Agency website at https://tea.texas.gov/finance-and-grants/financial-accountability/financial-accountability-system-resource-guide.  
Publication in the Texas Register: March 5, 2021
Public Comment Period: March 5, 2021-April 5, 2021
Proposed Effective Date: June 8, 2021


Proposed Amendment to 19 TAC Chapter 152, Commissioner's Rules Concerning Examination Requirements, §152.1001, Exceptions to Examination Requirements for Individuals Certified Outside the State
Summary: The proposed amendment would streamline the process that individuals certified outside the state must follow for consideration of an exception to the state-mandated examination requirements for certification and would specify requirements for exemption to the new Science of Teaching Reading TExES examination. The proposed amendment replaces an amendment to §152.1001 published as proposed in the November 6, 2020 issue of the Texas Register.
Publication in the Texas Register: January 1, 2021
Public Comment Period: January 1, 2021-February 1, 2021
Proposed Effective Date: March 28, 2021


Proposed Amendment to 19 TAC Chapter 157, Hearings and Appeals, Subchapter AA, General Provisions for Hearings Before the Commissioner of Education, §157.1061, Motions for Rehearing
Summary: The proposed amendment would update the procedures for a motion for rehearing to align with statute.
Publication in the Texas Register: February 5, 2021
Public Comment Period: February 5, 2021-March 8, 2021 
Proposed Effective Date: May 11, 2021


 

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.