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 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring
Summary: The proposed revisions would amend §97.1001, Accountability Rating System, to adopt in rule applicable excerpts of the 2023 Accountability Manual and incorporate provisions from §97.1005, Results Driven Accountability, which would be repealed.
Publication in the Texas Register: May 19, 2023
Public Comment Period: May 19, 2023-June 20, 2023
Public Hearing Information: A public hearing to solicit testimony and input on the proposed revisions is scheduled for 9:00 a.m. on June 6, 2023. The public may participate in the hearing virtually by linking to the meeting at https://zoom.us/meeting/register/tJMsc-GppjwjE9WnHUXpBLHgjTbzk9WCjMrt. 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 TEA Division of Performance Reporting by May 30, 2023. 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 or performance.reporting@tea.texas.gov.
Proposed Effective Date: September 3, 2023

Send a public comment on Proposed Revisions to 19 TAC Chapter 97, Subchapter AA

Proposed New 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1019, Application to Adult High School Charters
Summary: The proposed new rule would implement Senate Bill 1615, 87th Texas Legislature, Regular Session, 2021, by providing requirements for the administration of the adult high school open-enrollment charter application process.
Publication in the Texas Register: May 19, 2023
Public Comment Period: May 19, 2023-June 20, 2023. 

Send a public comment on Proposed New 19 TAC  §100.1019

PROPOSED RULES WITH CLOSED PUBLIC COMMENT PERIODS

Proposed Amendment to 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, §89.1050, The Admission, Review, and Dismissal Committee
Summary: The proposed amendment would provide clarification to the existing regulation regarding students who register in a new school district during the summer months, as well as students who transfer to a new district during the school year. Additionally, the proposed amendment would clarify the federal requirement to ensure that a parent who is unable to meaningfully participate in English is still able to understand the proceedings of the admission, review, and dismissal (ARD) committee and receives proper notice in the parent's native language or other mode of communication.
Publication in the Texas Register: April 14, 2023
Public Comment Period: April 14, 2023-May 15, 2023 
Public Hearing Information: Two public hearings to solicit testimony and input on the proposed amendment will be held at 9:00 a.m. on April 26 and May 1, 2023, via Zoom. The public may participate in either hearing virtually by linking to the hearing at https://zoom.us/j/7366629670 or joining by SIP at 7366629670@zoomcrc.com. 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. Questions about the hearings should be directed to kristin.mcguire@tea.texas.gov.
Proposed Effective Date: August 1, 2023

Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating English Learners
Summary: The proposed amendments would align terminology with Senate Bill 2066, 87th Texas Legislature, Regular Session, 2021, and clarify policies and procedures for the education of emergent bilingual students and related program implementation.
Publication in the Texas Register: April 21, 2023
Public Comment Period: April 21, 2023-May 22, 2023
Proposed Effective Date: August 8, 2023

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 2022 Charter School Performance Framework (CSPF) Manual, which would be updated to comply with statutory provisions and the accountability framework currently used to rate the performance of open-enrollment charter schools in Texas.
Publication in the Texas Register: May 5, 2023
Public Comment Period: May 5, 2023- June 5, 2023 
Proposed Effective Date: August 8, 2023 

Proposed Amendments to 19 TAC Chapter 102, Educational Programs, Subchapter JJ, Commissioner's Rules Concerning Innovation District, §102.1303, Eligibility, and §102.1313, Amendment, Rescission, or Renewal 
Summary: The proposed amendments would modify the requirements for renewal of a local innovation plan.
Publication in the Texas Register: March 31, 2023
Public Comment Period: March 31, 2023-May 1, 2023
Proposed Effective Date: July 3, 2023