Below is a spotlight on the adopted, proposed, and withdrawn rules from the June 14th and June 21st editions of the Texas Register.
Education
Texas Education Agency
Proposed
- 19 TAC 101.1001, 101.1003, 101.1005, 101.1007 – The Texas Education Agency proposes amendments concerning participation of English language learners in state assessments. Would align rules with existing state/federal policy, for example references to ‘English learner’ or ‘Emergent Bilingual student’ will be in accordance with Texas Education Code, 29.052. Amendment to 101.1003 bilingual students must meet participation requirements to take alternate English language proficiency assessment. Generally, these changes will make it so there are more assessment options available and accessible to English as a second language students. For example, all emergent bilingual students, even those whose parents decline bilingual services, will now have appropriate accommodations. According to Iris Tian, deputy commissioner of analytics, assessment and reporting, there is little to no impact other than a public benefit for bilingual students. Public Comments will open June 21st, 2024, and end July 22nd, 2024. The earliest possible date of adoption is July 21st, 2024.
- 19 TAC 129.1025 – It is the Texas Education Agency’s goal to update the student attendance accounting handbook annually. Each annual handbook provides school districts and charter schools with eligibility requirements of all students, and lists documentation requirements for attendance. The final version of the handbook is published on the Texas Education Agency website, as well as the proposed handbook, which can be found here. The earliest possible date of adoption is July 21st, 2024.
Adopted
- 19 TAC 74.28 – Amendments proposed by the Texas Education Agency concerning students with dyslexia or related disorders are set to be adopted. There are slight changes to the original proposal in the March 1st, 2024, issue of the Texas Register. Updates the rule to align with House Bill 3982, of the 88th Texas Legislature. It also clarifies language used in the Texas Education Code and the Dyslexia Handbook: Procedures Concerning Dyslexia and related disorders. Section 74.28 provides requirements for school districts to identify students with dyslexia and provide appropriate support and resources to these students. The 85th Texas Legislature passed House Bill 1886, which required students enrolled in public school must be screened or tested for dyslexia or other reading related disorders. The proposed amendment to 74.28 updates to match this previously passed House Bill. During public comments, a diagnostician commented that there are inconsistencies in the requirements for trained individuals in the handbook. Many other public comments had similar concerns, but the SBOE, or the State Board of Education, disagrees and that the training required is not only free but relatively simple and straight forward. Statute clearly defines who must serve on an MDT and ARD committee to determine identification for dyslexia. These amendments are set to come into effective on June 30th, 2024.
- 19 TAC 74.5, 19 TAC 74.38 – The Texas Education Agency has adopted two amendments to 19 TAC 74.5 and 19 TAC 74.38. In 2013, the 83rd Legislature passed House Bill 897. This bill required school districts to provide instructions on CPR and for students to receive instruction before graduation. Just last year in 2023, instruction on use of an AED, or Automated External Defibrillator, was added to the CPR requirements for high school graduates. The amendment to 19 TAC 74.5 now notes to include documentation of the CPR/AED training on a student’s academic achievement record. This allows the districts and state to better keep track of who is completing the requirements. The second amendment which is made to 19 TAC 74.38 also updates the same curriculum. Now AED instruction is required to begin in the seventh grade. Public Comments were open from March 1st to April 1st of this year. Despite numerous comments none led to any changes and the amendments will be adopted as proposed on the March 1st, 2024, Texas Register. Both amendments will come into effect August 1st.
Healthcare
Department of State Health Services
Proposed
- 25 TAC 133.41, 25 TAC 133.49 – The Department of State Health Services has proposed amendments regarding hospital licensing. Amendments proposed will update the language, references and outdated information found in subchapters 133.41 and 49. These updates were necessary to match the changes made by House Bill 3162 which is set to be implemented in September of this year. House Bill 3162 addresses a physician’s refusal to honor health care decision(s), how those cases will be reviewed as well as requiring health care facilities to report certain information to Texas Health and Human Services within 180 days. For House Bill 3162 to be effective these proposed amendments are necessary. Stephen Pahl, Deputy Executive Commissioner for Regulatory Services, determined that with these rules in effect, the public will benefit from increased consistency and efficiency of hospitals. Public Comments are now open and will close on July 14th, 2024. The earliest possible date of adoption is the same date.
- 25 TAC 229.40, 25 TAC 229.41, 25 TAC 229.241-229.252, 25 TAC 229.419-430. – Similar to the previous proposed amendments, the Department of State Health Services’ proposal addresses updates and changes on language used, outdated information, and new references. These amendments will apply to twenty-six different subchapters, but none of the changes will have any impact on fiscal policy, government growth, the healthcare industry or the public at large according to Chief Financial Officer, Christy Havel Burton. Public Comments are now open and will close on July 14th, 2024. The earliest possible date of adoption is the same date.
- 25 TAC 289.201, 25 TAC 289.202, 25 TAC 289.253 25 TAC 289.255-289.258. 25 TAC 289.229. – The Executive Commissioner of the Texas Health and Human Services Commission, on behalf of the Department of State Health Services proposes these various amendments regarding radiation control and safety. The proposed amendments are necessary to meet the new United States Nuclear Regulatory Commission requirements. This involves various new control rules and programs to ensure the state of Texas meets federal standards. The proposal also includes a new requirement to report transactions involving nationally tracked sources as well as various other minor miscellaneous corrections. The proposed amendments to 25 TAC 289.229 specifically address more effective radiation safety requirements of accelerators. New safety measures were taken based on the concerns of those in the field. Public Comments are now open and will close on July 14th, 2024. The earliest possible date of adoption is the same date.
Other
Comptroller of Public Accounts
Proposed
- 34 TAC 9.4223, 9.4244 – The Comptroller of Public Account proposes an amendment to 9.4223 and 9.4244 regarding dismissal for lack of jurisdiction. The amendments clarify that these dismissals will occur when the individual who files for limiting binding arbitration lacks the authority to do so. The legislation enacted that provides this authority can be found in House Bill 988 and Senate Bill 1854 which were both passed by the 87th The earliest possible date of adoption is July 21st, 2024.