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 New 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1007, Rules for the Definition of Tax Levy and Tax Collection
Summary: The proposed new rule would reflect changes made by House Bill 3, 86th Texas Legislature, 2019, that transferred rulemaking authority related to the definition of tax levy and tax collection for the Foundation School Program from the State Board of Education to the commissioner.
Publication in the Texas Register: April 23, 2021
Public Comment Period: April 23, 2021-May 24, 2021
Proposed Effective Date: July 27, 2021

Send a public comment on Proposed New 19 TAC §61.1007


Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1020, Excess Funds for Video Surveillance of Special Education Settings
Summary: The proposed amendment would implement House Bill 3, 86th Texas Legislature, 2019, by revising calculations and updating statutory references.
Publication in the Texas Register: May 7, 2021
Public Comment Period: May 7, 2021-June 7, 2021
Proposed Effective Date: July 27, 2021

Send a public comment on Proposed Amendment to 19 TAC §61.1020


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 following educator certification examinations: Science of Teaching Reading, Early Childhood: PK-3, English Language Arts and Reading 4-8, Educational Diagnostician, and Principal as Instructional Leader.
Figure: Passing Standards for Early Childhood through Grade 6 Examinations
Figure: Passing Standards for Grades 4-8 Examinations
Figure: Passing Standards for Student Services Examinations
Figure: Passing Standards for Administrator Examinations

Publication in the Texas Register: May 14, 2021
Public Comment Period: May 14, 2021-June 14, 2021
Proposed Effective Date: August 29, 2021

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


Proposed Amendment to 19 TAC Chapter 153, School District Personnel, Subchapter BB, Commissioner's Rules Concerning Professional Development, §153.1011, Mentor Program Allotment
Summary: The proposed amendment would update provisions related to the application process, consequences for failure to comply with statute, and the frequency of data collection.
Publication in the Texas Register: April 23, 2021
Public Comment Period: April 23, 2021-May 24, 2021
Proposed Effective Date: July 27, 2021

Send a public comment on Proposed Amendment to 19 TAC §153.1011


PROPOSED RULES WITH CLOSED 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


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


Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter BB, Commissioner's Rules Concerning High School Graduation, §74.1023, Financial Aid Application Requirement for High School Graduation
Summary: The proposed new rule would reflect the requirements in House Bill 3, 86th Texas Legislature, 2019, that each student complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA) before graduating from high school and that school districts and open-enrollment charter schools report completion information to the Texas Education Agency.
Publication in the Texas Register: April 16, 2021
Public Comment Period: April 16, 2021-May 17, 2021
Proposed Effective Date: July 27, 2021


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


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 2021 Accountability Manual.
Publication in the Texas Register: April 16, 2021
Public Comment Period: April 16, 2021-May 17, 2021
Public Hearing Notice: A public hearing on the proposal is scheduled for 9:00 a.m. on April 30, 2021. The public may participate in the hearing virtually by linking to the meeting at https://us02web.zoom.us/meeting/register/tZUtdOGgqj0jGtbMtwqQYIa9bP2QCRH08upD. 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 performance.reporting@tea.texas.gov. Individuals in need of a translator or sign language services should contact the Texas Education Agency (TEA) Division of Performance Reporting by April 23, 2021. 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 TEA Division of Performance Reporting at (512) 463-9704.
Proposed Effective Date: July 18, 2021


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


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


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 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


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


 

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.