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, §61.1017, Maintenance of Effort and Equity for Federal Money Related to the COVID-19 Pandemic
Summary: The proposed new section would define the data sources the Texas Education Agency will use in calculating the increased funding authorized under Texas Education Code, §48.281, and establish limitations.
Publication in the Texas Register: September 16, 2022
Public Comment Period: September 16-October 17, 2022
Proposed Effective Date: December 19, 2022

Send a public comment on Proposed New 19 TAC §61.1017


Proposed Amendments 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, and Division 7, Dispute Resolution
Summary: The proposed amendments would provide updates and clarifications regarding special education complaints and due process hearings.
Publication in the Texas Register: September 23, 2022
Public Comment Period: September 23-October 24, 2022
Public Hearing Information: Public hearings to solicit testimony and input on the proposal will be held at 9:00 a.m. on October 6 and 7, 2022, via Zoom. The public may participate in the October 6 hearing virtually by linking to the hearing at https://us02web.zoom.us/j/89294633839. The public may participate in the October 7 hearing virtually by linking to the hearing at https://us02web.zoom.us/j/85463744981.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 spedrule@tea.texas.gov.
Proposed Effective Date: January 3, 2023

Send a public comment on Proposed Amendments to 19 TAC Chapter 89, Subchapter AA


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 Languages Other Than English: Spanish educator certification examination on or after January 9, 2023.
Publication in the Texas Register: September 9, 2022
Public Comment Period: September 16-October 17, 2022
Proposed Effective Date: December 19, 2022

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


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 implement House Bill 139, 87th Texas Legislature, Regular Session, 2021, by adding military community members to the population of educators licensed outside the state and eligible to qualify for an exception to examination requirements in Texas. The proposed amendment would also provide additional edits to improve the readability and applicability of the rule and support continued consistency in completion of the test exemption review process.
Publication in the Texas Register: September 23, 2022
Public Comment Period: September 23-October 24, 2022
Proposed Effective Date: January 3, 2023

Send a public comment on Proposed Amendment to 19 TAC §152.1001

PROPOSED RULES WITH CLOSED PUBLIC COMMENT PERIODS

Proposed New 19 TAC Chapter 61, School Districts, Subchapter EE, Commissioner's Rules on Reporting Child Abuse or Neglect, Including Trafficking of a Child, §61.1053, Required Signage Pertaining to Criminal Offenses of Human Trafficking 
Summary: The proposed new section would implement Senate Bill 1831 and House Bill 1540, 87th Texas Legislature, Regular Session, 2021, by specifying signage requirements for posting the offenses of human trafficking on public and private school premises.
Publication in the Texas Register: July 15, 2022 
Public Comment Period: July 15, 2022-August 15, 2022
Public Hearing Information: A public hearing to solicit testimony and input on the proposed new rule is scheduled for 3:00 p.m. on August 10, 2022. The public may participate in the hearing virtually by linking to the meeting at https://us02web.zoom.us/j/88029923683. Parties interested in testifying must register online between 2:30 p.m. and 3:00 p.m. on the day of the hearing and are encouraged to also send written testimony to preventinghumantrafficking@tea.texas.gov. The hearing will conclude once all who have registered have been given the opportunity to comment. Questions about the hearing should be directed to Special Populations, Highly Mobile and At Risk Division, preventinghumantrafficking@tea.texas.gov.
Proposed Effective Date: October 18, 2022


Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter FF, Commissioner's Rules Concerning Transition Assistance for Highly Mobile Students Who Are Homeless or in Substitute Care
Summary: The proposed revisions would provide clarification, simplify provisions, and align with statute.
Publication in the Texas Register: August 19, 2022
Public Comment Period: August 19, 2022-September 19, 2022
Proposed Effective Date: November 22, 2022


Proposed Amendments to 19 TAC Chapter 102, Educational Programs, Subchapter JJ, Commissioner's Rules Concerning Innovation District
Summary: The proposed amendments would clarify reporting requirements for designated districts of innovation, update the list of prohibited exemptions, and clarify requirements for renewal of a local innovation plan.
Figure: 19 TAC §102.1307(d) (List of approved Texas Education Code exemptions)
Publication in the Texas Register: July 15, 2022 
Public Comment Period: July 15, 2022-August 15, 2022
Proposed Effective Date: October 18, 2022


Proposed Amendment to 19 TAC Chapter 102, Educational Programs, Subchapter KK, Commissioner's Rules Concerning Compliance Investigations in Connection with State-Funded Education Program Grants, §102.1401, Compliance Investigations
Summary: The proposed amendment would update statutory references to align with changes made by Senate Bill 1365, 87th Texas Legislature, Regular Session, 2021, and update the title of 19 TAC Chapter 157, Subchapter EE.
Publication in the Texas Register: August 19, 2022
Public Comment Period: August 19, 2022-September 19, 2022
Proposed Effective Date: November 22, 2022


Proposed Amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter AA, Commissioner's Rules Concerning Optional Extended Year Program, §105.1001, Optional Extended Year Program
Summary: The proposed amendment would implement House Bill 3, 86th Texas Legislature, 2019, by removing an outdated provision related to the school finance system.
Publication in the Texas Register: August 5, 2022
Public Comment Period: August 5, 2022-September 5, 2022 
Proposed Effective Date: November 8, 2022


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 2022-2023 Student Attendance Accounting Handbook. The handbook provides student attendance accounting rules for school districts and charter schools. The proposed handbook is available on the TEA website at https://tea.texas.gov/finance-and-grants/financial-compliance/student-attendance-accounting-handbook.
Publication in the Texas Register: June 24, 2022
Public Comment Period: June 24, 2022-July 25, 2022
Proposed Effective Date: September 27, 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.