Below is a spotlight of summaries for the proposed, adopted, and withdrawn rules from the March 15th Edition of the Texas Register and the March 22nd Edition of the Texas Register.
Education
Texas Education Agency
Proposed Rules
- 19 TAC 100 Charters – TEA proposes the repeal of chapters related to the commissioner’s rules concerning open-enrollment charter schools. The proposed changes reflect changes to the TEC resulting from HB 1707 88(R), SB 2032 88(R), SB 879 87(R), HB 189 87(R), SB 1615 87 (R), and SB 2293 86(R). New definitions have been added including for “related party transactions” and “former charter holder” to include provisions for high quality operators. A provision for allowing scaled scores to be used for discretionary decision making in lieu of academic accountability ratings when such ratings are not issued for any reason would also be included. The proposal includes changes to applications to dropout recovery charters and public senior college/university charters/public junior college charters. Changes include updates for who is responsible for notification of a charter and changes to who is required to be notified. Changes include modifications of the filing of governance information. Changes to performance frameworks include clarification they will be evaluated against criteria in the CSPF Manuel, among other changes. Outdated references to academic performance ratings and financial accountability performance ratings for specific year have been removed. Language defining “imminently insolvent” related to revocation of a charter has been removed as TEA says this is included in another rule. Changes have been made as the commissioner is required to adopt rules regarding charter authorization for high-performing entities. Language has been added that the commissioner may take any action relating to the charter holder or its campus as it relates to accountability ratings/sanctions. Concerning discretionary renewal, includes a change to remove failure to operate a campus with at least 50% of students in tested grades as a standard for non-renewal of a charter. Procedures for Prohibiting a Management Contract, would be proposed as a new section and aligns the process for review of proposed management contracts with the charter amendment process. The proposed amendment to related to student admission, would include changes regarding the updated requirements which require the commissioner to adopt rules to implement charter school waiting lists for admission, including a common application form published by TEA. Language would clarify that expansion requests can be expedited expansion requests if charters meet requirements or discretionary expansion requests if charters do not meet the expedited requirements. Geographic boundary would be eliminated as a type of expansion amendment request. Disclosure of Related Party Transactions, would include which requires the commissioner to adopt a rule defining “related party.” Certain changes have been made related to training for campus administrative officers, members of governing bodies of the school, and business managers. Proposal would require charter schools to consult the do not hire registry prior to hiring and at least every three years thereafter. The public comment period began on March 15 and ends April 15. The earliest possible date of adoption is April 14.
- 19 TAC 89 Adaptations for Special Populations – TEA proposes as amendment concerning clarification of special education provisions in federal regulations and state law and special education and related service personnel. The proposed amendments would implement HB 3928 88(R). Rules contain criteria for school districts conducting full individual and initial evaluations (FIIEs) to determine eligibility for special education and related services. The proposed amendment would include using the term “multi-tiered system of academic and behavioral supports” in place of an overall referral. A new requirement would be added that a student must continue to receive any necessary interventions and support services while an FIIE is being conducted. The Overview of Special Education for Parents form was created by TEA to comply with HB 3928, the proposed amendment would add this requirement to be used for suspicions of any disability. New timelines added for the ARD committee. Based on the receipt of a petition to adopt a rule change, a section would be amended to remove the eligibility requirement for deaf or hard of hearing to include an ontological examination performed by an otolaryngologist. In addition, the subsection would be amended to include the completion of a communication assessment to align with current practice. Based on requests from various stakeholders, the name of the emotional disturbance disability category would be changed to emotional/behavioral disability. New language would also specify that emotional/behavioral disability will be considered synonymous with the term emotional disturbance and serious emotional disturbance as those terms are used in federal and state law. The public comment period on the proposal begins March 22, 2024, and ends April 22, 2024. Earliest possible date of adoption: April 21, 2024.
- 19 TAC 105 Foundation School Program – The TEA proposes new rules concerning the allotment for non-enrolled students participating in UIL activities. The proposed rule would implement HB 3708 88(R) by establishing provisions related to an allotment for local educational agencies that allow non-enrolled students to participate in UIL activities. Proposed new rules specify the data used to calculate the estimated and final entitlement; and providing requirements for the UIL activities, student participation, and documentation. The public comment period on the proposal begins March 22, 2024, and ends April 22, 2024. Earliest possible date of adoption: April 21, 2024
Adopted Rules
- 19 TAC 33 Statement of Investment of the PSF – Adopted amendment reinserts information related to the Permanent School Fund (PSF) distribution policy that was mistakenly repealed when 19 TAC Chapter 33 was revised to implement SB 1232 87(R). Effective date: March 31, 2024.
- 19 TAC 67 State Review and Approval of Instructional Materials – The adopted new rules implement HB 1605 88(R) by defining the criteria to be used in the review and approval of instructional materials by the SBOE and TEA, including 1) defining requirements for publisher participation in the instructional materials review and approval (IMRA) process, 2) establishing rules for the annual request for instructional materials for review and future proclamations, contracts for instructional materials, and 3) criteria for publishers required to host parent portals. The adopted rules include requirements that each instructional materials request by the SBOE includes information on the applicable TEKS, along with a matching requirement that publishers submit info showing that student expectations cover the applicable TEKS and also that the instructional materials review would check if product components cover 100% of applicable TEKS. After public comment, references to the Texas Prekindergarten Guidelines (TPG) and the English Language Proficiency Standards (ELPS) were added to these three areas. Additionally, rules concerning the instructional materials parent portal were modified after public comment to clarify that the publisher must host the portal. Rules governing instructional materials contracts generally were not modified after public comment and were adopted as originally proposed. Full details of adopted provisions and an overview of the comments the office received on the rule can be found here. Effective date: March 31, 2024
- 19 TAC 97 Planning and Accountability – The adopted amendments remove provisions stating that Commissioner of Education decisions concerning ISDs contracting with partners to operate district campuses are final and not subject to appeal. Effective date: March 26, 2024.
- 19 TAC 109 Budgeted, Accounting, and Auditing – Adopts by reference the updated Financial Accountability System Resource Guide (FASRG), Version 19, which includes allowable costs for dyslexia and related disorders added by HB 3928 88(R). In general, revisions to the FASRG align the content with current governmental accounting and auditing standards, remove obsolete requirements, and remove descriptions and discussions of best practices and other non-mandatory elements; the FASRG, Version 19, contains six modules on the following topics: Module 1, Financial Accounting and Reporting (FAR) and FAR Appendices; Module 2, Special Supplement – Charter Schools; Module 3, Special Supplement – Non-profit Charter Schools Chart of Accounts; Module 4, Auditing; Module 5, Purchasing; and Module 6, Compensatory Education, Guidelines, Financial Treatment, and an Auditing and Reporting System. In response to public comment, Modules 1, 3, 5, and 6 were modified to provide clearer guidance and add clarity through grammatical edits and Module 6 was also modified to add reference to the impact of HB 1416 88(R) on the State Compensatory Education (SCE) program. The FASRG is posted on the Texas Education Agency (TEA) website here. An overview of the comments the office received on the rule can be found here. Effective date: March 31, 2024.
- 19 TAC 112 Texas Essential Knowledge and Skills for Science – The adopted amendment corrects punctuation in one student expectation in the Grade 6 Science TEKS by separating the terms “global energy” and “poverty” with a comma. Effective date: March 31, 2024.
State Board for Educator Certification
Proposed Rule
- 19 TAC 227 Provisions for Educator Preparation Candidates – SBEC proposes amendments concerning provisions for educator preparation candidates. The proposed amendments would make conforming changes to rules given proposed updates to Requirements for Educator Preparation Programs, and Professional Educator Preparation and Certification. The proposed changes would also update the PACT figure to include the proposed new certificates and aligned PACT exams as well as proposed cut scores. Added subchapters establish requirements for admission into an EPP and preliminary evaluation of certification eligibility. For admission criteria language has been updated from “an undergraduate university program” to “a university undergraduate or post-baccalaureate program.” he proposed amendment would also expand the list of certificates, from 17 to 22, that a certified educator may hold to enroll in an EPP and complete the course of instruction that qualifies him or her to pursue the early childhood certification, including five proposed new Core: Early Childhood-Grade 6 certificates, which are proposed updates to Categories of Classroom Teaching Certificates. Proposal removes the certificates Core Subjects Early Childhood-Grade 6, Core Subjects Grades 4-8, English Language Arts and Reading Grades 4-8, and English Language Arts and Reading/Social Studies Grades 4-8 to align with proposed updates. The proposed amendment would adjust the passing standard for 790 Texas PACT Core Subjects 4-8 from 94 out of 160 selected response items to 82 out of 128 selected response items. The proposed amendment would also clarify that a passing standard for Tamil: Early Childhood-Grade 12 would be established in the future, in alignment with the launch of the certificate and associated exam in September 2025, which would be codified in future rulemaking. The public comment period began on March 15 and ends April 15. The earliest possible date of adoption is April 14.
Health Care
Department of State Health Services
Adopted Rules
- 25 TAC 417 Agency and Facility Operations – Repeal of certain rules related to the move of state hospitals from DSHS to HHSC. Repealed rules will be updated and placed in 26 TAC 926. Effective date: March 20, 2024.
Health and Human Services Commission
Proposed Rules
- 26 TAC 554 Nursing Facility Requirements for Licensure and Medicaid Certification – The purpose of the proposal is to implement HB 1009 88(R) relating to employment suspension for nursing facility employees accused of committing reportable conduct and SB 240 88(R) relating to health facility employee workplace violence prevention in facilities, including nursing facilities. This rule project proposes revisions related to trust fund monitoring and audits, with the purpose of decreasing the amount of time nursing facilities are allowed to complete corrective action plans to return to compliance prior to the imposition of a hold on payments due to the facility. The public comment period began on March 15 and ends April 15. The earliest possible date of adoption is April 14.
- 26 TAC 555 Nursing Facility Administrators & 26 TAC 557 Medication Aides – Proposals to implement HB 4123 88(R) relating to HHSC obtaining criminal history information from the FBI and DPS for nursing facility administrator (NFA) and medication aide (MA) applicants and SB 681 88(R) relating to exemptions for HHSC Long-Term Care Regulation regulated NFAs and MAs. This rule project also included revisions related to the Texas Unified Licensure Information Portal (TULIP), with the purpose of changing from a paper process to a digital process. The public comment period began on March 15 and ends April 15. The earliest possible date of adoption is April 14.
Adopted Rules
- 26 TAC 926 Training for Facility Staff – Adopted rules is to reflect the move of state hospitals from the DSHS and state supported living centers from the DADS to HHSC and to consolidate respective rules. The adopted rules update agency information, provide uniform training topics and timeframes, and remove text regarding expedited training due to the COVID-19 disaster declaration. Effective date: March 20, 2024.
Texas Behavioral Health Executive Council
Adopted Rules
- 22 TAC 882 Applications and Licensing – Adopted rule clarifies when an individual is conducting a professional service in Texas which is regulated by the Executive Council. If the recipient of the professional service is physically located in Texas, then the individual is conducting the regulated practice of marriage and family therapy, professional counseling, psychology, or social work in Texas. Effective date: March 27, 2024.
- 22 TAC 883 Renewals – Adopted rule requires licensees selected for audit during renewal to obtain and submit a National Practitioner Data Base (NPDB) self-query. Effective date: March 27, 2024.
- 22 TAC 884 Complaints and Enforcement – Adopted rule clarifies that the rule of limitations for the timeliness of a complaint does not apply to applications for reinstatement. Effective date: March 27, 2024.
- 22 TAC Fees – Adopted rule provides additional notice to applicants and licensees of the potential disciplinary action that may result from attempting to refund fees paid to the Council. Additionally a new fee for updates to degrees on licenses has been added. Effective date: March 27, 2024.
Energy
Public Utility Commission
Proposed Rule
- 16 TAC 22 Procedural Rules – The PUC proposes amendments relating to Motions to Intervene. The amendment will facilitate the implementation of PURA as amended by SB 1076 88(R) which reduced the time for the commission to approve new transmission facility CCN to 180 days and with other commission rules. Specifically, the proposed amendment will change the intervention deadline from 45 days to 30 days for proceedings involving applications for a CCN for a new transmission facility that is subject to PURA. Commission Staff’s proposal also makes minor clerical and grammatical changes to the rule. Project number 56253 is assigned to this proceeding.
General Land Office
Proposed Rule
- 31 TAC 9 Exploration and Leasing of State Oil and Gas – The GLO proposes an amendment relating to updates/clarification of the timelines associated with the School Land Board meetings, pooling committee meetings/makeup, and the GLO process to review and approve pooling/production sharing agreement applications. The public comment period is open. Earliest possible date of adoption: April 21, 2024.
Economic
Comptroller of Public Accounts
Adopted Rules
- 34 TAC 16 Texas Opioid Abatement Fund Program – The Comptroller of Public Accounts adopts the repeal of rules as published in the December 29, 2023, issue of the Texas Register because the section is no longer needed. In 2023, the legislature renumbered the statutes relating to infrastructure and broadband funding and placing them in new Subchapter S. The statutes relating to the statewide opioid settlement agreement remain in Subchapter R. Effective date: March 18, 2024.
- 34 TAC 16 Texas Broadband Development Map – The Comptroller of Public Accounts adopts new rules concerning the broadband development map, criteria, challenge process/deadlines, and challenge determinations. These new rules implement SB 1238 88(R). New rules replace rules concerning designated area eligibility and designated area reclassification which the comptroller will repeal in a separate rulemaking. As required by Senate Bill 1238, the new section updates the minimum information that must be displayed on the map regarding the availability of broadband service for each designated area. New sections update the scope of designated areas from a census block level to a county level perspective, but retains the discretion of the comptroller to adjust the scope as needed. New sections permit internet service providers and political subdivisions of this state to submit challenges to the broadband development map. New sections give the office the discretion to reject a challenge without further action if it does not comply with established requirements/criteria. New sections establish criteria in making a challenge determination, including: availability of reliable broadband service; actual internet speed/reliability data; existence of federal commitments; and any other information the office determines may be useful. An overview of the comments the office received on the rule can be found here. Effective date: March 24, 2024.