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 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
Proposed Effective Date: October 18, 2022

Send a public comment on Proposed New 19 TAC §61.1053


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

Send a public comment on Proposed Amendments to 19 TAC Chapter 102, Subchapter JJ


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

Send a public comment on Proposed Amendment to 19 TAC §129.1025


PROPOSED RULES WITH CLOSED PUBLIC COMMENT PERIODS


Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1011, Formula Transition Grant
Summary: The proposed amendment would extend certain provisions related to the average daily attendance hold harmless to the 2020-2021 school year.
Publication in the Texas Register: May 20, 2022
Public Comment Period: May 20, 2022-June 20, 2022
Proposed Effective Date: August 30, 2022


Proposed Repeal of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1017, Alternative Compensatory Education Allotment Calculation
Summary: The proposed repeal would implement House Bill 3, 86th Texas Legislature, Regular Session, 2019, which modified the ways students are included in and generate funding for the state compensatory education allotment.
Publication in the Texas Register: April 29, 2022
Public Comment Period: April 29, 2022-May 31, 2022 
Proposed Effective Date: August 2, 2022


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 2022 Accountability Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed.
Publication in the Texas Register: May 13, 2022
Public Comment Period: May 13, 2022-June 13, 2022 
Public Hearing Information: A public hearing to solicit testimony and input on the proposed amendment is scheduled for 9:00 a.m. on May 18, 2022. The public may participate in the hearing virtually by linking to the meeting at https://us02web.zoom.us/j/82959760745. 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. 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: August 9, 2022


Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter AA, Accountability and Performance Monitoring, §97.1005, Results Driven Accountability
Summary: The proposed amendment would repeal the 2021 Results Driven Accountability (RDA) Manual currently included as Figure: 19 TAC §97.1005(b) and replace it with the 2022 RDA Manual.
Publication in the Texas Register: June 3, 2022
Public Comment Period: June 3, 2022-July 5, 2022
Public Hearing Information: Two virtual public hearings to solicit testimony and input on the proposed amendment will be held at 1:00 p.m. on June 7, 2022, and at 1:00 p.m. on June 9, 2022, via the link published on the TEA RDA and PBMAS Manuals website at https://tea.texas.gov/student-assessment/monitoring-and-interventions/rda/rda-and-pbmas-manuals. Anyone wishing to testify at one of the hearings must register between 12:45 p.m. and 1:30 p.m. on the day of the hearing. Each hearing will conclude once all who have signed in have been given the opportunity to comment. Due to potential limitations for some stakeholders to participate in the virtual environment, interested stakeholders who may be limited in access to the virtual platform are encouraged to submit written comments. Questions about the hearing should be directed to Tebbi Bowman, Office of Special Populations and Monitoring, tebbi.bowman@tea.texas.gov
Proposed Effective Date: September 6, 2022


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 2021 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: June 3, 2022
Public Comment Period: June 3, 2022-July 5, 2022
Proposed Effective Date: September 13, 2022


Proposed Amendments to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 2, Participation and Assessment Requirements for Graduation, and Subchapter DD, Commissioner's Rules Concerning Substitute Assessments for Graduation
Summary: The proposed amendments would align the rules with House Bill 1603, 87th Texas Legislature, Regular Session, 2021, which eliminated expiration dates for students to graduate through an Individual Graduation Committee under Texas Education Code (TEC), §28.0258; for former students to graduate through a district decision under TEC, §28.02541; and for students to use the Texas Success Initiative Assessment as a substitute assessment to meet assessment graduation requirements under TEC, §39.025.
Publication in the Texas Register: May 13, 2022
Public Comment Period: May 13, 2022-June 13, 2022
Proposed Effective Date: August 23, 2022


Proposed Repeal of 19 TAC Chapter 102, Educational Programs, Subchapter BB, Commissioner's Rules Concerning Master Teacher Grant Programs
Summary: The proposed repeal would remove the rules because their authorizing statute no longer exists.
Publication in the Texas Register: April 29, 2022
Public Comment Period: April 29, 2022-May 31, 2022 
Proposed Effective Date: August 2, 2022


Proposed Repeal of 19 TAC Chapter 102, Educational Programs, Subchapter EE, Commissioner's Rules Concerning Pilot Programs, §102.1053, Mathematics Instructional Coaches Pilot Program
Summary: The proposed repeal would remove the rule because its authority, Texas Education Code, §21.4541, was repealed by Senate Bill 1267, 87th Texas Legislature, Regular Session, 2021.
Publication in the Texas Register: April 29, 2022
Public Comment Period: April 29, 2022-May 31, 2022 
Proposed Effective Date: August 2, 2022


Proposed 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 proposed amendment would adopt by reference the updated Financial Accountability System Resource Guide (FASRG), Version 18.0. The FASRG provides accounting rules for school districts, open-enrollment charter schools, and education service centers. The FASRG is posted on the Texas Education Agency (TEA) website at https://tea.texas.gov/finance-and-grants/financial-accountability/financial-accountability-system-resource-guide.
Publication in the Texas Register: June 3, 2022
Public Comment Period: June 3, 2022-July 5, 2022
Proposed Effective Date: September 13, 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.