TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER G. APPLY TEXAS ADVISORY COMMITTEE

19 TAC §1.131

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.131, Apply Texas Advisory Committee, concerning the abolishment date of the Apply Texas Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2383). The intent of the amendment is to continue this advisory committee for four more years. This Committee provides the Board with advice and recommendations regarding the Apply Texas Common Application System.

There were no comments received regarding this amendment.

The amendment is adopted under the Texas Government Code, §2110.008, which provides the Coordinating Board with the authority to amend the abolishment date for this advisory committee.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703053

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER H. CERTIFICATION ADVISORY COUNCIL

19 TAC §1.138

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.138, concerning the abolishment date of the Certification Advisory Council, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2383). The intent of this amendment is to continue this advisory committee four more years. The Committee provides the Board with advice and recommendations regarding standards and procedures related to certification of private postsecondary educational institutions that are nonexempt; assists the Commissioner in the examination of individual applications for Certificates of Authority; and performs other duties related to certification that the Board finds to be appropriate.

There were no comments received regarding this amendment.

The amendment is adopted under the Texas Government Code, §2110.008, which provides the Coordinating Board with the authority to amend the abolishment date for this advisory committee.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703054

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER I. FAMILY PRACTICE RESIDENCY ADVISORY COMMITTEE

19 TAC §1.145

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.145, Family Practice Residency Advisory Committee, concerning the abolishment date of the Family Practice Residency Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2384). The intent of the amendment is to continue this advisory committee four more years. The Committee provides the Board with advice and recommendations regarding the Family Practice Residency Program.

There were no comments received regarding this amendment.

The amendment is adopted under the Texas Government Code, §2110.008, which provides the Coordinating Board with the authority to amend the abolishment date for this advisory committee.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703055

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER N. GRADUATE EDUCATION ADVISORY COMMITTEE

19 TAC §1.181

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.181, Graduate Education Advisory Committee, concerning the abolishment date of the Graduate Education Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2384). The intent of the amendment is to continue this advisory committee for four more years. The Committee provides the Board with advice and recommendations regarding graduate education.

There were no comments received regarding this amendment.

The amendment is adopted under the Texas Government Code, Chapter 2110, §2110.008, which provides the Coordinating Board with the authority to amend the abolishment date for this advisory committee.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703056

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER O. LEARNING TECHNOLOGY ADVISORY COMMITTEE

19 TAC §1.188

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.188, Learning Technology Advisory Committee, concerning the abolishment date of the Learning Technology Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2385). The intent of the amendment is to continue this advisory committee four more years. The Committee provides the Board with advice and recommendations regarding the role that learning technology plays in Texas higher education.

There were no comments received regarding this amendment.

This amendment is adopted under Texas Education Code, §61.026, which authorizes the Coordinating Board to appoint advisory committees as considered necessary. The amendments are adopted under the Texas Government Code, Chapter 2110, §2110.008, which requires the Coordinating Board by rule to provide for a different abolishment date for advisory committees to continue in existence.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703057

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER P. LOWER-DIVISION ACADEMIC COURSE GUIDE MANUAL ADVISORY COMMITTEE

19 TAC §1.195

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.195, Lower-Division Academic Course Guide Manual Advisory Committee, concerning the abolishment date of the Lower-Division Academic Course Guide Manual Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2385). The intent of the amendment is to continue this advisory committee four more years. The Committee provides the Board with advice and recommendations regarding new disciplines of study, developments within existing disciplines represented by courses in the manual, vertical and horizontal alignment of courses within disciplines, and obsolesces of disciplines of study and courses.

There were no comments received regarding this amendment.

The amendment is adopted under Texas Education Code, §61.026, which authorizes the Coordinating Board to appoint advisory committee as considered necessary. The amendment is adopted under the Texas Government Code, Chapter 2110, §2110.008, which requires the Coordinating Board by rule to provide for a different abolishment date for advisory committees to continue in existence.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703058

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER Q. COMMUNITY AND TECHNICAL COLLEGE LEADERSHIP COUNCIL

19 TAC §§1.201, 1.202, 1.204, 1.205

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §§1.201, 1.202, 1.204, and 1.205, Community and Technical College Leadership Council, concerning the abolishment date of the Community and Technical College Leadership Council, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2386). The intent of the amendments is to continue this advisory committee four more years and to allow additional flexibility concerning the membership of the council. The Council provides the Commissioner and the Board with advice and recommendations on issues relevant to community, technical, and state colleges.

There were no comments received regarding these amendments.

The amendments are adopted under the Texas Government Code, §2110.008, and Texas Education Code, §61.062 which provides the Coordinating Board with the authority.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703059

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER R. UNDERGRADUATE EDUCATION ADVISORY COMMITTEE

19 TAC §1.209

The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.209, Undergraduate Education Advisory Committee, concerning the abolishment date of the Undergraduate Education Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2387). The intent of the amendment is to continue this advisory committee four more years. The Committee provides the Board with advice and recommendations regarding undergraduate education.

There were no comments received regarding this amendment.

The amendment is adopted under the Texas Government Code, §2110.008, which provides the Coordinating Board with the authority to amend the abolishment date for this advisory committee.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703060

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER C. TEXAS SUCCESS INITIATIVE

19 TAC §4.57

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §4.57 concerning the Texas Success Initiative without changes to proposed text as published in the May 26, 2017, issue of the Texas Register (42 TexReg 2799). The intent of the amendments is to incorporate into existing rules changes that address the college readiness benchmark for the writing section of the Texas Success Initiative Assessment.

The following public comments were received and Coordinating Board staff responses are provided.

Comment: Comments were received from the following: Austin Community College (15 comments); Dallas County Community College District (1 comment); Houston Community College (4 comments); Lone Star College (1 comment); Stephen F. Austin State University (1 comment); Tyler Junior College (1 comment); and University of North Texas - Dallas (1 comment). Respondents stated that changing the benchmarks will greatly increase likelihood of failure for students. Concerns were raised about the literacy and writing skills for current students. Several noted that correcting the problem with K-12 should be the focus.

Staff Response: Best practices support basing benchmarks on the most current, reliable, and valid statewide data available. The validity study conducted by The College Board provides the appropriate data and evidence based on actual student performance to support the proposed changes to the TSIA college readiness benchmarks. The study reviewed the data of all first time in college (FTIC) students in 2013 and 2014 who took the TSI Assessment in writing and enrolled in English 1301 or 1302 in their first semester. Researchers looked at the number of those students who then successfully completed the course with an A, B, or C. The analysis showed that students meeting the current benchmarks of at least 350 (placement score) and 5 (essay) or at least 363 and 4 successfully completed the course at 75 and 80 percent, respectively. Further analyses show that changing the benchmark to 340 and 4 would meet the 70 percent threshold and reduce placement error rates (i.e., placing students who could pass English 1301 in developmental education). Please note that most institutions require students to be college ready in both reading and writing before enrolling them in English 1301; in those cases, students' TSI status in reading is still applicable. Note there is no proposal to change the TSIA reading benchmark. The Coordinating Board staff updated the validity study with 2015 data using the same methodology. The results included slight variations but were consistent with the College Board's findings. The sample size was twice as large as the sample in the original study; therefore, no changes to the proposed rules based on these comments.

Comment: Comments were received from the following: Austin Community College (1 comment); Dallas County Community College District (1 comment); Houston Community College (1 comment); Lone Star College (2 comments); South Texas College (2 comments); and Sul Ross State University (1 comment). Some respondents were concerned about a considerable number of institutional changes and stakeholder meetings needed to comply with the proposal. Additional concerns focused on more time to understand the study and proposal. Comments suggested implementing gradually or postponing the implementation date until 2018.

Staff Response: Coordinating Board staff acknowledges the administrative and technical concerns a fall 2017 implementation date may cause. Furthermore, staff acknowledges that it takes time and effort to make even the slightest change in campus culture. Despite these challenges, state and school administrators are obliged to determine the highest priorities. Requiring students to enroll in, complete, and pay for unnecessary additional courses negatively impacts completion rates, especially among students of color and low-income students. Ultimately, these students would be asked to do more and pay more for their degree, if the state were to decline to make the changes in a timely fashion. According to recent estimates, this could affect between ten (10) and thirty (30) percent of students who under current benchmarks would not be considered ready to enroll in entry-level, credit-bearing college English. Although the timing is not ideal, to continue to reduce time to degree and minimize student debt under 60x30TX, THECB needs to ensure students enroll in credit-bearing courses as soon as possible. No changes to the proposed rules based on these comments.

Comments: Comments were received from the following: Austin Community College (2 comments); Houston Community College (2 comments); Howard College (1 comment); Lone Star College (1 comment); San Jacinto College (1 comment); and South Texas College (1 comment). Respondents requested to reconsider the proposal to allow further debate, use the IES RAND study findings to inform the process, or wait to align with the implementation of House Bill 2223 (requiring co-requisite models for certain underprepared students) in Fall 2018.

Staff Response: Coordinating Board staff provided a link to the validity study for review. The validity study conducted by The College Board provides the appropriate data and evidence based on actual student performance to support the proposed changes to the TSIA college readiness benchmarks. With this evidence, delaying implementation would have an adverse effect on students that have demonstrated college readiness. Although informative, the RAND study is a randomized control trial for a limited number of schools to examine a specific instructional/placement strategy and is not equivalent to a validity study. Students who are deemed college ready by the TSIA would not be impacted by House Bill 2223. No changes to the proposed rules based on these comments.

Comments: Comments were received from the following: Austin Community College (2 comments); Lone Star College Austin Community College (1 comment); and South Texas College (1 comment). Respondents questioned the reliability and accuracy of the validity study findings.

Staff Response: The study designed and conducted by The College Board meets industry standards and relies on a sample size greater than that typically required. The validity study provides the appropriate data and evidence based on actual student performance to support the proposed changes to the TSIA college readiness benchmarks. No changes to the proposed rules based on these comments.

Comments: Comments were received from the following: Alamo Colleges (1 comment); Austin Community College (3 comments); Blinn College (1 comment); Collin College (1 comment); Dallas County Community College District (1 comment); Del Mar College (1 comment); Eagle Pass ISD (1 comment); El Paso Community College (1 comment); San Jacinto College (1 comment); South Texas College (1 comment); Tarrant County College (1 comment); The University of Texas at Austin (2 comments); and Victoria College (1 comment). Respondents requested additional information on the proposal and/or a copy of the study.

Staff Response: Coordinating Board staff provided a link to the validity study for review and clarity on the implementation of the rules. No changes to the proposed rules based on these comments.

Comments: Comments were received from the following: Harlandale ISD (1 comment); North East ISD (1 comment); Northside ISD (1 comment); Scarborough ISD (1 comment); Tyler ISD (1 comment); and Tyler Junior College (1 comment). Respondents generally supported the proposal noting it would provide greater access for students.

Staff Response: No staff response necessary. No changes to the proposed rules based on these comments.

The amendments are adopted under Texas Education Code (TEC), §51.3062 which provides the Coordinating Board with the authority to establish policies and procedures relating to the TSI, and §51.307, which provides the Coordinating Board with the authority to adopt and publish rules and regulations to effectuate the provisions of Chapter 51, Subchapter F of the TEC.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703061

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 26, 2017

For further information, please call: (512) 427-6104


CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §22.23

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §22.23, concerning the Provisions for the Tuition Equalization Grant (TEG) Program, without changes to the proposed text as published in the June 23, 2017, issue of the Texas Register (42 TexReg 3223). Specifically, the amendment to §22.23(a)(5) would allow the Coordinating Board to renew twice, rather than once, the two-year temporary approval for an independent or private institution of higher education to continue to participate in the TEG Program. This amendment will align program rules with a new provision enacted by Senate Bill 331, 85th Texas Legislature, Regular Session.

There were no comments received regarding the amendments.

The amendments are adopted under Texas Education Code §61.229, which authorizes the Coordinating Board to adopt rules to implement the Tuition Equalization Grant Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703062

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: June 23, 2017

For further information, please call: (512) 427-6104


CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS

SUBCHAPTER B. TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §23.36

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §23.36, concerning Teach for Texas Loan Repayment Assistance Program, without changes to the proposed text as published in the May 12, 2017, issue of the Texas Register (42 TexReg 2514). Specifically, §23.36(2) adds language permitting the Commissioner to delegate responsibility for determining the annual loan repayment amount and aligns the description for determining the amount with the description used for other loan repayment programs.

There were no comments received regarding the amendments.

The amendments are adopted under Texas Education Code §56.352, which authorizes the Coordinating Board to adopt rules for the administration of Texas Education Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703063

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 12, 2017

For further information, please call: (512) 427-6104


CHAPTER 27. FIELDS OF STUDY

SUBCHAPTER L. MULTI AND INTERDISCIPLINARY STUDIES FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.321 - 27.327

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.321 - 27.327, Fields of Study, Multi and Interdisciplinary Studies Field of Study Advisory Committee, concerning Multi and Interdisciplinary Studies Field of Study Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2387). The intent of these new rules is to authorize the Board to create an advisory committee to develop a Multi and Interdisciplinary Studies field of study. The newly added rules will affect students when the Multi and Interdisciplinary Studies field of study is adopted by the Board.

There were no comments regarding the new sections.

The new rules are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703064

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER M. GENERAL PSYCHOLOGY FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.341 - 27.347

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.341 - 27.347, Fields of Study, General Psychology Field of Study Advisory Committee, concerning the General Psychology Field of Study Advisory Committee without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2388). The intent of these new rules is to authorize the Board to create an advisory committee to develop a General Psychology field of study. The newly added rules will affect students when the General Psychology field of study is adopted by the Board.

There were no comments received regarding these new sections.

The new rules are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703065

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER N. BIOLOGY FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.361 - 27.367

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.361 - 27.367, Fields of Study, concerning Biology Field of Study Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2390). The intent of these new rules is to authorize the Board to create an advisory committee to develop a Biology field of study. The newly added rules will affect students when the Biology field of study is adopted by the Board.

There were no comments received regarding these new sections.

The new rules are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703066

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER O. ACCOUNTING FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.381 - 27.387

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.381 - 27.387, Fields of Study, concerning the Accounting Field of Study Advisory Committee, without changes to proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2391). The intent of these new rules is to authorize the Board to create an advisory committee to develop an Accounting field of study. The newly added rules will affect students when the Accounting field of study is adopted by the Board.

There were no comments received regarding the new sections.

The new rules are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703067

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER P. KINESIOLOGY AND EXERCISE SCIENCE FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.401 - 27.407

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.401 - 27.407, Fields of Study, concerning Kinesiology and Exercise Science Field of Study Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2392). The intent of these new rules authorize the Board to create an advisory committee to develop a kinesiology and exercise science field of study. The newly added rules will affect students when the kinesiology and exercise science field of study is adopted by the Board.

There were no comments received regarding these new sections.

The new rules are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703068

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


SUBCHAPTER Q. DANCE FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.421 - 27.427

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.421 - 27.427, Fields of Study, concerning Dance Field of Study Advisory Committee, without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2393). The intent of these new rules is to authorize the Board to create an advisory committee to develop a Dance field of study. The newly added rules will affect students when the Dance field of study is adopted by the Board.

There were no comments received regarding these new sections.

The new rules are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703069

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: August 30, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 427-6104


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 151. COMMISSIONER'S RULES CONCERNING PASSING STANDARDS FOR EDUCATOR CERTIFICATION EXAMINATIONS

19 TAC §151.1001

The Texas Education Agency adopts new §151.1001, concerning passing standards for educator certification examinations. The new section is adopted without changes to the proposed text as published in the June 30, 2017, issue of the Texas Register (42 TexReg 3342) and will not be republished. The adopted new rule implements the requirements of the Texas Education Code (TEC), §21.048(a), for the commissioner to determine the satisfactory level of performance required for each certification examination.

REASONED JUSTIFICATION. House Bill (HB) 2205, 84th Texas Legislature, 2015, amended the TEC, §21.048(a), to require the commissioner of education to establish the satisfactory levels of performance required on educator certification examinations and require a satisfactory level of performance on each core subject covered by an examination. Before amendment by HB 2205, the passing standards were set by the State Board for Educator Certification (SBEC).

Adopted new 19 TAC §151.1001 adopts the passing standards for all certification examinations as approved by the commissioner. Some of the passing standards previously set by the SBEC will be maintained, but others will be increased as follows.

Beginning September 1, 2017, passing standards increase by 0.5 conditional standard error of measurement (CSEM) for the following Texas Examinations of Educator Standards (TExES), which were previously approved by the SBEC 2.0 CSEM below the recommendation of the standard-setting committee convened prior to the approval of the current standards:

801 Core Subjects EC-6 English Language Arts and Reading and the Science of Teaching Reading

802 Core Subjects EC-6 Mathematics

803 Core Subjects EC-6 Social Studies

804 Core Subjects EC-6 Science

805 Core Subjects EC-6 Fine Arts, Health, and Physical Education

806 Core Subjects 4-8 English Language Arts and Reading

807 Core Subjects 4-8 Mathematics

808 Core Subjects 4-8 Social Studies

809 Core Subjects 4-8 Science

Beginning September 1, 2017, passing standards increase by 0.5 CSEM for the following TExES, which were previously approved by the SBEC 1.0 CSEM below the recommendation of the standard-setting committee convened prior to the approval of the current standards:

115 Mathematics 4-8 TExES

116 Science 4-8 TExES

118 Social Studies 4-8 TExES

Beginning September 1, 2017, passing standards increase by 1.0 CSEM for the following TExES, which were previously approved by the SBEC 1.0 CSEM below the recommendation of the standard-setting committee convened prior to the approval of the current standards:

114 Mathematics/Science 4-8 TExES

160 Pedagogy and Professional Responsibilities EC-12 TExES

161 Special Education EC-12 TExES

184 American Sign Language TExES

The following tests expire before the September 1, 2017, effective date of the adopted new rule, so they are not included in the corresponding figures:

139 Technology Applications 8-12 TExES

141 Computer Science 8-12 TExES

142 Technology Applications EC-12 TExES

179 Dance 8-12 TExES

Adopted new 19 TAC §151.1001 organizes the passing standards into three subsections. Subsection (b) includes passing standards for classroom teacher examinations, subsection (c) includes passing standards for student services examinations, and subsection (d) includes passing standards for administrator examinations.

The average passing standard reflected in the adopted new rule is expressed as an average raw cut score of all active forms of a test or the minimum proficiency level. It is critical to note that the actual raw cut scores may vary slightly from form to form to balance the overall difficulty of the test yet maintain consistency in scoring.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began June 30, 2017, and ended July 31, 2017. No public comments were received.

STATUTORY AUTHORITY. The new section is adopted under the Texas Education Code, §21.048(a), which requires the commissioner of education to determine the level of performance considered to be satisfactory on educator certification examinations and further authorizes the commissioner to require a satisfactory level of performance on each core subject covered by an examination.

CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, §21.048(a).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2017.

TRD-201703072

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: September 1, 2017

Proposal publication date: June 30, 2017

For further information, please call: (512) 475-1497