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 Amendment to 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1006, Foundation School Program Funding for Reimbursement of Disaster Remediation Costs
Summary: The proposed amendment would reflect changes made by House Bill 1525, 87th Texas Legislature, Regular Session, 2021, by establishing provisions related to Winter Storm Uri.
Publication in the Texas Register: September 3, 2021
Public Comment Period: September 3, 2021-October 4, 2021
Proposed Effective Date: December 7, 2021

Send a public comment on Proposed Amendment to 19 TAC §61.1001


Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter CC, Commissioner's Rules Concerning Technology and Instructional Materials Allotment
Summary: The proposed amendments would update terminology, provide clarifications, make technical edits, and remove outdated information.
Publication in the Texas Register: August 20, 2021
Public Comment Period: August 20, 2021-September 20, 2021
Proposed Effective Date: November 23, 2021

Send a public comment on Proposed Amendments to 19 TAC Chapter 66, Subchapter CC


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
Proposed Effective Date: December 7, 2021

Send a public comment on Proposed Amendment to 19 TAC §100.1010


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

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


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 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 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 AA, Commissioner's Rules Concerning Special Education Services, Division 1, General Provisions; Division 2, Clarification of Provisions in Federal Regulations and State Law; Division 4, Special Education Funding; and Division 5, Special Education and Related Service Personnel
Summary: The proposed amendments would make updates related to eligibility determination for specific learning disabilities and provisions for students who are eligible for special education and related services who enroll in local educational agencies during the summer. The proposed amendments would also make conforming edits related to funding for special education; update terminology to implement Senate Bill 281, 86th Texas Legislature, 2019; and update cross references.
Publication in the Texas Register: June 4, 2021
Public Comment Period: June 4, 2021-July 5, 2021 
Public Hearing Information: Public hearings to solicit testimony and input on the proposal will be held at 8:30 a.m. on June 15 and 17, 2021, via Zoom. The public may participate in either hearing virtually by linking to the hearing at https://us02web.zoom.us/j/85663466293 or joining by SIP at 85663466293@zoomcrc.com. The public may attend one or both hearings. Anyone wishing to testify at one of the hearings must sign in between 8:15 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 testimony in addition to, or in lieu of, in-person testimony are encouraged to send written testimony 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 TEA by emailing SpecialEducation@tea.texas.gov at least five working days before the respective hearing.
Proposed Effective Date: September 21, 2021


Proposed New 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1006, Alternative Methods and Standards for Evaluating Performance for 2020-2021 School Year
Summary: The proposed new rule would adopt applicable guidelines for the alternative methods and standards for evaluating performance for the 2020-2021 school year.
Publication in the Texas Register: August 6, 2021
Public Comment Period: August 6, 2021-September 7, 2021
Proposed Effective Date: November 14, 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

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.