State Board of Education Rules
The following Texas Administrative Code (TAC) rule actions were filed with the Texas Register for publication in the March 22, 2024 issue.
Adopted Amendment to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, Subchapter A, State Board of Education Rules, §33.2, Distributions to the Available School Fund
Summary: The adopted amendment reinserts information related to the Permanent School Fund distribution policy that was mistakenly repealed when 19 TAC Chapter 33 was revised to implement Senate Bill 1232, 87th Texas Legislature, Regular Session, 2021. The amendment was adopted without changes since published as proposed.
Second Reading and Final Adoption by SBOE: January-February 2024 SBOE meeting
Effective Date: March 31, 2024
Adopted New 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.21, Proclamations, Public Notice, and Requests for Instructional Materials for Review; §67.23, Requirements for Publisher Participation in Instructional Materials Review and Approval (IMRA); and §67.25, Consideration and Approval of Instructional Materials by the State Board of Education, and Subchapter D, Duties of Publishers and Manufacturers, §67.81, Instructional Materials Contracts, and §67.83, Publisher Parent Portal
Summary: The adopted new rules implement House Bill 1605, 88th Texas Legislature, Regular Session, 2023, by defining the criteria to be used in the review and approval of instructional materials by the SBOE and the Texas Education Agency; defining requirements for publisher participation in the instructional materials review and approval process; and establishing rules for the annual request for instructional materials for review and future proclamations, contracts for instructional materials, and criteria for publishers required to host parent portals. The new sections were adopted with changes since published as proposed.
Second Reading and Final Adoption by SBOE: January-February 2024 SBOE meeting
Effective Date: March 31, 2024
Adopted Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter C, Adoptions By Reference, §109.41, Financial Accountability System Resource Guide
Summary: The amendment adopts by reference the updated Financial Accountability System Resource Guide (FASRG), Version 19, which includes allowable costs for dyslexia and related disorders added by House Bill 3928, 88th Texas Legislature, Regular Session, 2023. Although no changes were made to §109.41 since published as proposed, the FASRG adopted by reference does include changes to Modules 1-6 at adoption.
Adopted changes to FASRG Module 1, Financial Accounting and Reporting (FAR)
Adopted changes to FASRG Module 1, FAR Appendices
Adopted changes to FASRG Module 2, Special Supplement - Charter Schools
Adopted changes to FASRG Module 3, Special Supplement - Non-profit Charter Schools Chart of Accounts
Adopted changes to FASRG Module 4, Auditing
Adopted changes to FASRG Module 5, Purchasing
Adopted changes to FASRG Module 6, Compensatory Education, Guidelines, Financial Treatment, and an Auditing and Reporting System
Second Reading and Final Adoption by SBOE: January-February 2024 SBOE meeting
Effective Date: March 31, 2024
Adopted Amendment to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter B, Middle School, §112.26(b)(11)(A), Science, Grade 6, Adopted 2021
Summary: The adopted amendment corrects punctuation errors in the student expectation in §112.26(b)(11)(A). The amendment was adopted without changes since published as proposed.
Second Reading and Final Adoption by SBOE: January-February 2024 SBOE meeting
Effective Date: March 31, 2024
Please see the TEA website to view adopted State Board of Education rules.
Commissioner of Education Rules
The following Texas Administrative Code (TAC) rule actions were filed with the Texas Register for publication in the March 22, 2024 issue.
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, §89.1011, Full Individual and Initial Evaluation; §89.1040, Eligibility Criteria; §89.1050, The Admission, Review, and Dismissal Committee; and §89.1055, Content of the Individualized Education Program, and Division 5, Special Education and Related Service Personnel, §89.1131, Qualifications of Special Education, Related Service, and Paraprofessional Personnel
Summary: The proposed amendments would implement House Bill 3928, 88th Texas Legislature, Regular Session, 2023, and codify current program practices.
Resumen en Español: Las modificaciones propuestas implementarían la Ley 3928 de la Cámara de Representantes, 88. ° Legislatura de Texas, sesión ordinaria, 2023, y codificarían las prácticas actuales de programas.
Publication in the Texas Register: March 22, 2024
Public Comment Period: March 22, 2024-April 22, 2024. A form for submitting public comments is available on the proposed commissioner of education rules web page.
Public Hearing Information: Public hearings will be conducted to solicit testimony and input on the proposed amendments at 9:30 a.m. on April 8 and 10, 2024. The public may participate in either hearing virtually by linking to the hearing at https://zoom.us/j/94990719111. Anyone wishing to testify must be present at 9:30 a.m. and indicate to TEA staff their intent to comment and are encouraged to also send written testimony to sped@tea.texas.gov. The hearing will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearing should be directed to Derek Hollingsworth, Special Populations Policy, Reporting, and Technical Assistance, Derek.Hollingsworth@tea.texas.gov.
Proposed Effective Date: July 7, 2024
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, §89.1049, Parental Rights Regarding Adult Students, and §89.1065, Extended School Year Services; and Division 6, Regional Education Service Center Special Education Programs, §89.1141, Education Service Center Regional Special Education Leadership
Summary: The proposed amendments would clarify terminology and codify current program practices.
Resumen en Español: Las modificaciones propuestas aclararían la terminología y codificarían las prácticas actuales de programas.
Publication in the Texas Register: March 22, 2024
Public Comment Period: March 22, 2024-April 22, 2024. A form for submitting public comments is available on the proposed commissioner of education rules web page.
Public Hearing Information: Public hearings will be conducted to solicit testimony and input on the proposed amendments at 9:30 a.m. on April 4 and 5, 2024. The public may participate in either hearing virtually by linking to the hearing at https://zoom.us/j/96584642284. Anyone wishing to testify must be present at 9:30 a.m. and indicate to TEA staff their intent to comment and are encouraged to also send written testimony to sped@tea.texas.gov. The hearing will conclude once all who have signed in have been given the opportunity to comment. Questions about the hearing should be directed to Derek Hollingsworth, Special Populations Policy, Reporting, and Technical Assistance, Derek.Hollingsworth@tea.texas.gov.
Proposed Effective Date: July 7, 2024
Proposed New 19 TAC Chapter 105, Foundation School Program, Subchapter DD, Commissioner's Rules Concerning University Interscholastic League Allotment, §105.1031, Allotment for Non-enrolled Students Participating in University Interscholastic League Activities
Summary: The proposed new rule would implement House Bill 3708, 88th Texas Legislature, Regular Session, 2023, by establishing provisions related to an allotment for local educational agencies that allow non-enrolled students to participate in University Interscholastic League activities.
Resumen en Español: La nueva norma propuesta implementaría la Ley 3708 de la Cámara de Representantes, 88.° Legislatura de Texas, sesión ordinaria, 2023, al establecer disposiciones relacionadas con una asignación para agencias educativas locales que permitan a los estudiantes no inscritos participar en actividades de la Liga Interescolar Universitaria.
Publication in the Texas Register: March 22, 2024
Public Comment Period: March 22, 2024-April 22, 2024. A form for submitting public comments is available on the proposed commissioner of education rules web page.
Proposed Effective Date: July 2, 2024
Please see the TEA website to view proposed commissioner of education rules.
Adopted Amendments to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 2, Contracting to Partner to Operate a District Campus, §97.1075, Contracting to Partner to Operate a Campus under Texas Education Code, §11.174, and §97.1079, Determination Processes and Criteria for Eligible Entity Approval under Texas Education Code, §11.174
Summary: The adopted amendments would remove language regarding the finality of decisions under 19 TAC §97.1075 and §97.1079 as a result of two court cases invalidating the provisions. The amendments were adopted without changes since published as proposed.
Effective Date: March 26, 2024
Adopted Amendment to 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 amendment adopts by reference the updated Financial Accountability System Resource Guide (FASRG), Version 19, which includes allowable costs for dyslexia and related disorders added by House Bill (HB) 3928, 88th Texas Legislature, Regular Session, 2023. The FASRG provides accounting rules for school districts, open-enrollment charter schools, and education service centers. No changes were made to the rule since published as proposed; however, the FASRG adopted by reference in the rule includes changes to Modules 1-6 at adoption.
Adopted changes to FASRG Module 1, Financial Accounting and Reporting (FAR)
Adopted changes to FASRG Module 1, FAR Appendices
Adopted changes to FASRG Module 2, Special Supplement - Charter Schools
Adopted changes to FASRG Module 3, Special Supplement - Non-profit Charter Schools Chart of Accounts
Adopted changes to FASRG Module 4, Auditing
Adopted changes to FASRG Module 5, Purchasing
Adopted changes to FASRG Module 6, Compensatory Education, Guidelines, Financial Treatment, and an Auditing and Reporting System
Effective Date: March 31, 2024
Please see the TEA website to view adopted commissioner of education rules.
Unforeseen circumstances may delay publication of the agency rules in the Texas Register. The Rules website will be updated to reflect any changes.
Please contact us if you have any questions. Thank you.
Rulemaking Division
rules@tea.texas.gov
(512) 475-1497
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