TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

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

SUBCHAPTER C. TEXAS SUCCESS INITIATIVE

19 TAC §§4.53, 4.54, 4.57, 4.60

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §§4.53, 4.54, 4.57, and 4.60, concerning the Texas Success Initiative (TSI), to clarify definitions, specify scores for TSI exemptions, remove phase-in scores for the TSI Assessment, and clarify annual reporting by institutions. Specifically, the amendment to §4.53(1) clarifies the term "Acceleration." The amendment to §4.54(23) removes reference to phase-in scores. The amendment to §4.54(a)(3)(B) specifies the STAAR EOC English III and Algebra II score for TSI exemptions. The amendment to §4.57 removes references to phase-in scores and clarifies use of diagnostic results, and the amendment to §4.60 clarifies that the annual Developmental Education Program Survey (DEPS) is used to help evaluate statewide developmental education practices.

R. Jerel Booker, J.D., Assistant Commissioner for College Readiness and Success, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications for state or local governments as a result of enforcing or administering the rules.

Mr. Booker has also determined that for each of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be more consistent and clear application of the Texas Success Initiative.

Comments on the proposal may be submitted to Jerel Booker, J.D., P.O. Box 12788, Austin, Texas 78711 or via email in care of Suzanne Morales-Vale, who may be reached at suzanne.morales-vale@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments to the rules are proposed 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 amendments affect TEC, §51.3062.

§4.53.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Acceleration--The reorganization of instruction and curricula in ways that expedite the completion of coursework or credentials based on an assessment of students' strengths and needs. It involves a departure from the traditional multi-course sequence in favor of a more streamlined structure resulting in students' achievement of college readiness in one year or less. Some examples include, but are not limited to, non-course competency-based options (NCBOs), emporium models and modular models, co-requisites, course-pairing, and computer-assisted instruction.

(2) - (22) (No change.)

[(23) TSI Assessment Time Periods--For phase-in of TSI Assessment college-ready standards, the following time periods shall be applicable:]

[(A) Phase I--Start date: institution's first class day of fall 2013; expiration: the day immediately before the first class day of fall 2017;]

[(B) Phase II--Start date: institution's first class day of fall 2017; expiration: the day immediately before the first class day of fall 2019; and]

[(C) Final Phase--Start date: institution's first class day of fall 2019; no expiration.]

(23) [(24)] TSI Assessment--The Board-approved assessment instrument designated in §4.56 of this title (relating to Assessment Instrument) for use by institutions of higher education for assessing a student's readiness to enroll in an entry-level freshman course.

§4.54.Exemptions, Exceptions, and Waivers.

(a) The following students shall be exempt from the requirements of this title, whereby exempt students shall not be required to provide any additional demonstration of college readiness and shall be allowed to enroll in any entry-level freshman course as defined in §4.53(12) of this title (relating to Definitions):

(1) - (2) (No change.)

(3) For a period of five (5) years from the date of testing, a student who is tested and performs at or above the following standards that cannot be raised by institutions:

(A) (No change.)

(B) STAAR end-of-course (EOC) with a minimum [score of] Level 2 score of 4000 on the English III shall be exempt from the TSI Assessment required under this title for both reading and writing, and a minimum [score of] Level 2 score of 4000 on the Algebra II EOC shall be exempt from the TSI Assessment required under this title for the mathematics section

(4) - (10) (No change.)

(b) - (d) (No change.)

§4.57.College Ready [and Adult Basic Education (ABE)] Standards.

(a) The following minimum passing standards (also known as "cut scores") for reading, [and] mathematics, and writing on the TSI Assessment shall be used by an institution to determine a student's readiness to enroll in entry-level freshmancoursework:

(1) [Phase I as defined in §4.53(21) of this title (relating to Definitions)] Reading 351; [Mathematics 350;]

(2) Mathematics 350; [Phase II as defined in §4.53(21) of this title -Reading 355; Mathematics 356;] and

(3) Writing: [The Phase I, II, and Final Phase college readiness passing standard for the writing portion of the TSI Assessment is a]

(A) a placement score of at least 350, and an essay score of at least 5; or

(B) a placement score of at least 363, and an essay score of 4; or

(C) a placement score of less than 350, and an ABE Diagnostic level of at least 4, and an essay score of at least 5.

(b) Institutions should use the TSI Assessment diagnostic results, along with other holistic factors, in their consideration of courses and/or interventions addressing the educational and training needs of students not meeting the college readiness standards as defined in subsection (a) of this section. [The following standards on the TSI Assessment, may be used by an institution for consideration of courses and/or interventions addressing the educational and training needs of students at the Adult Basic Education levels] (below the following cut scores with no phase-in period):]

[(1) Reading 342;]

[(2) Writing 350]

[(3) Mathematics 336.]

[(c) The Phase I, II, and Final Phase college readiness passing standard for the writing portion of the TSI Assessment is a placement score of at least 350, and an essay score of at least a 5. Other demonstrations of writing college readiness include a placement score of at least 363, and an essay score of 4; or a placement score of less than 350, and an ABE Diagnostic level of at least a 4, and an essay score of at least a 5.]

(c) [(d)] An institution shall not require higher [Phase I, II, and Final Phase] college readiness standards on any or all portions of the TSI Assessment to determine a student's readiness to enroll in entry-level freshman course.

(d) [(e)] [Determination of applicable Phase I, II, or Final Phase standards as defined in subsections (a), (c), and (d) of this section is based on the student's initial TSI Assessment testing date in any subject area.] TSI Assessment results are valid for five (5) years from date of testing.

§4.60.Evaluation and Reporting.

(a) The Board shall evaluate the effectiveness of Texas Success Initiative on a statewide basis and with respect to each institution. To inform this evaluation, institutions shall analyze and report to the Board on the annual Developmental Education Program Survey (DEPS)[, on a schedule to be determined by the Commissioner of Higher Education, ] the fiscal and/or instructional impacts of the following on student outcomes, along with other success-related topics as requested:

(1) - (4) (No change.)

(5) Internal monitoring mechanisms used to identify a student's area(s) of academic difficulty; and

(6) Periodic updates of developmental education course materials.[; and]

[(7) Assessments after completion of a developmental education intervention to determine a student's readiness for entry-level academic course work.]

(b) At the end of each semester, institutions shall report to the Board the following information for undergraduate students: Social Security Number (SSN), semester credit hours (SCH), grade points earned, ethnicity, gender, date of birth, Texas Success Initiative status, initial assessment instrument, score on initial assessment, type of developmental education received for each area (reading, mathematics, writing), and grade in first related non-developmental course.[, and the results of any subsequent assessment.]

[(c) On or before January 1, 2004, each institution shall submit to the Board a revised developmental education plan to reflect the Texas Success Initiative.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700087

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: February 19, 2017

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


CHAPTER 21. STUDENT SERVICES

SUBCHAPTER C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM

19 TAC §21.62

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §21.62, concerning the Hinson-Hazlewood College Student Loan Program. Specifically, this amendment to §21.62(e), removes the term "presents" and is replaced with the term "provides." This section is also modified by removing language that requires forbearance requests to be provided in writing. The amendment to this section aligns the Board rules with federal guidelines for the administration of Federal Family Education Loan Program.

Charles W. Puls, Ed.D. Deputy Assistant Commissioner, Student Financial Aid Programs, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering this section will be the Coordinating Board staff's improved ability to assist borrowers with their state loans. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365 or via email at charles.puls@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, §52.54, which authorizes the Coordinating Board to establish rules and regulations to administer the Hinson-Hazlewood College Student Loan Program.

The amendments affect Chapter 21, Subchapter C of the TAC, §21.62.

§21.62.Repayment of Loans.

(a) - (d) (No change.)

(e) Forbearance. The Commissioner may grant periods of forbearance for unusual financial hardship on any account that is held by the Board if the borrower provides [presents] the Commissioner or his designee with [a writing setting forth] the reasons therefore, and the Commissioner or his designee determines that the borrower's account history justifies such action. Borrowers of federally insured loans may have rights to certain additional types of forbearances under the applicable program's statutes and rules.

(f) - (h) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700088

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: February 19, 2017

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


CHAPTER 22. GRANT AND SCHOLARSHIP PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §22.1, §22.2

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new §22.1 and §22.2, concerning General Provisions. Specifically, new §22.1 provides definitions for terms commonly found throughout the Texas Administrative Code, Chapter 22. New §22.2 provides guidelines to be used by institutions of higher education concerning the timely disbursement, timely determination of ineligibility and timely cancellation of state student financial aid funds for all financial aid programs in Chapter 22 with the exception of work-study funds which are subject to the reallocation guidelines outlined in §21.407 of the Texas Administrative Code.

Charles W. Puls, Ed.D. Deputy Assistant Commissioner, Student Financial Aid Programs, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Puls has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering this section will be the institutions' improved ability for consistent administration of the grant and scholarship programs. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365 or via email at charles.puls@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new rules are proposed under the Texas Government Code, §2001.004, which authorizes the Coordinating Board to adopt rules stating the nature and requirements of administrative practices and procedures.

The new proposed rules affect Chapter 22 of the Texas Administrative Code.

§22.1.Definitions.

The following words and terms, when used in Chapter 22, shall have the following meanings, unless otherwise defined in a particular subchapter:

(1) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(2) Board Staff--The staff of the Texas Higher Education Coordinating Board.

(3) Categorical Aid--Gift aid that the institution does not award to the student, but that the student brings to the school from a non-governmental third party.

(4) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(5) Cost of Attendance/Total Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, and personal expenses).

(6) Expected Family Contribution (EFC)--A measure of how much the student and his or her family can be expected to contribute to the cost of the student's education for the year as determined following the federal methodology.

(7) Financial Need--The Cost of Attendance at a particular public or private institution of higher education less the Expected Family Contribution. The Cost of Attendance and Expected Family Contribution are to be determined in accordance with Board guidelines.

(8) Full-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of twelve or more semester credit hours per regular semester or term. For graduate students, enrollment or expected enrollment for the normal full-time load of the student's program of study as defined by the institution.

(9) Gift Aid--Grants, scholarships, exemptions, waivers, and other financial aid provided to a student without a requirement to repay the funding or earn the funding through work.

(10) Half-Time--For undergraduates, enrollment or expected enrollment for the equivalent of six or more semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 50 percent of the normal full-time load of the student's program of study as defined by the institution.

(11) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the determination of student eligibility, selection of recipients, maintenance of all records, and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the institution's chief executive officer, the director of student financial aid shall serve as Program Officer.

(12) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(13) Three-Quarter-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of nine or more semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 75 percent of the normal full-time load of the student's program of study as defined by the institution.

(14) Timely Distribution of Funds--Activities completed by institutions of higher education related to the receipt and distribution of state financial aid funding from the Board and subsequent distribution to recipients or return to the Board

§22.2.Timely Distribution of Funds.

All institutions participating in the financial aid programs outlined in Chapter 22 shall follow the guidelines for the timely distribution of funds, as outlined within this subsection below:

(1) Timely Disbursement. Institutions shall disburse state student financial aid funding, excepting work-study, to a student recipient's account no later than three business days after receiving the funds. Undisbursed funds must be returned to the Board no later than six business days after the receipt of funds. Gift aid funds for which a student is no longer eligible may be disbursed to a different eligible student for whom funds have not yet been requested in order to meet the timely disbursement requirement.

(2) Timely Determination of Ineligibility. For state student financial aid funding, excepting work-study, already disbursed to a student, institutions shall return funds to the Board within 45 calendar days of a student becoming ineligible for the funding. Gift aid funds for which a student has been determined ineligible may be disbursed to a different eligible student for whom funds have not yet been requested in order to meet the timely determination of ineligibility requirement. In all cases, an institution must provide notification to the Board regarding the change in student eligibility, as appropriate for the particular student financial aid program.

(3) Timely Cancellation. For state student financial aid funds already disbursed to a student, institutions may return funds to the Board within 120 calendar days of disbursement in situations where a student has notified the institution of his or her decision to cancel the financial aid. Gift aid funds for which a student has made the decision to cancel may be disbursed to a different eligible student for whom funds have not yet been requested in order to meet the timely cancellation requirement. In all cases, an institution must provide notification to the Board regarding the change in student eligibility, as appropriate for the particular student financial aid program.

(4) Texas College Work-Study. Funds for the Texas College Work-Study program are provided to institutions as a lump sum at the start of each fiscal year and are subject to the reallocation guidelines outlined in §21.407 of the Texas Administrative Code.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700089

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: February 19, 2017

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


SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §22.23

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §22.23, concerning the Provisions for the Tuition Equalization Grant Program. Specifically, §22.23 (c)(3)(B) and (C) is amended to remove language pertaining to penalties for late reports and late refunds, as this provision does not benefit the student if such penalties are imposed. This section has been renumbered accordingly.

Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering this section will be the institutions' improved ability to meet the needs of their student populations. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, 512-427-6365 or via email at charles.puls@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code §61.229 which authorizes the Coordinating Board to adopt rules to implement the Tuition Equalization Grant (TEG) Program.

The amendments affect Chapter 22, Subchapter B of the TAC, §22.23.

§22.23.Institutions.

(a) - (b) (No change.)

(c) Responsibilities.

(1) - (2) (No change.)

(3) Reporting[.]

[(A)] Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion.

(A) [(i)] Such reporting requirements shall include but are not limited to reports specific to allocation and reallocation of grant funds (including the TEG Need Survey, the TEG year-end student-by-student report, the Coordinating Board's Education Data Center CBM001 and CBM009 reports, and the Financial Aid Database Report) as well as progress reports of program activities.

(B) [(ii)] Each participating institution shall have its TEG Program operations audited on an annual basis by an independent auditor or by an internal audit office that is independent of the financial aid and disbursing offices. Reports on findings and corrective action plans (if necessary) are due to the Board by April 15 each year.

[(B) Penalties for Late Reports and/or Late Refunds.]

[(i) An institution that postmarks or electronically submits a progress report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.]

[(ii) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10 percent for each report that is postmarked or submitted electronically more than a week late. The penalty may also be invoked if the report is timely, but refunds owed to the Program by the institution are not made to the Board or the Comptroller of Public Accounts' Office within one week after due.]

[(iii) The Commissioner may assess more severe penalties against an institution if any report or refund is received by the Board more than one month after its due date. The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10 percent for each late refund of grant funds. If grant funds are returned more than a week after the announced return date, they will be considered late.]

[(iv) The maximum penalty for a single year is 30 percent of the school's allocation. If penalties are invoked in two consecutive years, the institution may be penalized an additional 20 percent.]

[(C) Appeal of Penalty. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Chief Executive Officer and copied to the Program Officer and/or Financial Aid Director. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Commissioner's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title.]

(4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700090

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: February 19, 2017

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


SUBCHAPTER L. TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM

19 TAC §22.227

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §22.227, concerning the Toward EXcellence, Access, and Success (TEXAS) Grant Program. Specifically, §22.227(c)(3)(B) and (C) is amended to remove language pertaining to penalties for late reports and/or late refunds, as this provision does not benefit the student if such penalties are imposed. This section has been renumbered accordingly.

Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering this section will be the institutions' improved ability to meet the needs of their student populations. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365 or via email at charles.puls@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code, §56.303, which authorizes the Coordinating Board to adopt rules to implement the Toward EXcellence, Access, and Success (TEXAS) Grant Program.

The amendments affect Chapter 22, Subchapter L of the TAC, §22.227.

§22.227.Institutions.

(a) - (b) (No change.)

(c) Responsibilities.

(1) - (2) (No change.)

(3) Reporting [and Refunds.]

[(A)] Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.

[(B) Penalties for Late Reports or Refunds.]

[(i) An institution that postmarks or electronically submits a report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.]

[(ii) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10% for each report that is postmarked or submitted electronically more than a week late. The penalty may also be invoked if the report is timely, but refunds owed to the Program by the institution are not made to the Board or the State Comptroller's Office within one week after due.]

[(iii) The Commissioner may assess more severe penalties against an institution if any report or refund is received by the Board more than one month after its due date.]

[(iv) The maximum penalty for a single year is 30 percent of the school's allocation. If penalties are invoked in two consecutive years the institution may be penalized an additional 20 percent.]

[(C) Appeal of Penalty. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Program Officer with a copy sent to the financial aid officer. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Board's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title (relating to Agency Administration).]

(4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700092

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: February 19, 2017

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


SUBCHAPTER M. TEXAS EDUCATIONAL OPPORTUNITY GRANT PROGRAM

19 TAC §22.255

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §22.255, concerning the Texas Educational Opportunity Grant Program. Specifically, §22.255 (c)(3)(B) and (C) are amended to remove language pertaining to penalties for late reports or refunds because this provision does not benefit students if such penalties are imposed. This section has been renumbered accordingly.

Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering this section will be the institutions' improved ability to meet the needs of their student populations. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, 512-427-6365 or via email at charles.puls@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code §56.403 which authorizes the Coordinating Board to adopt rules to implement the Texas Educational Opportunity Grant Program.

The amendments affect Chapter 22, Subchapter M of the TAC, §22.255.

§22.255.Institutions.

(a) - (b) (No change.)

(c) Responsibilities.

(1) - (2) (No change.)

(3) Reporting [and Refunds.]

[(A)] Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.

[(B) Penalties for Late Reports or Refunds.]

[(i) An institution that postmarks or electronically submits a report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.]

[(ii) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10% for each report that is postmarked or submitted electronically more than a week late. The penalty may also be invoked if the report is on time, but any refund owed to the program by the institution arrives at the board or the State Comptroller's Office more than a week after its due date.]

[(iii) The Commissioner may assess more severe penalties against an institution if any report is received by the Board more than one month after its due date. The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10% for each late refund of grant funds. If grant funds are returned more than a week after the announced return date, they will be considered late.]

[(iv) The maximum penalty for a single year is 30% of the school's allocation. If penalties are invoked in two consecutive years the institution may be penalized an additional 20%.]

[(C) Appeal of Penalty. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Program Officer with a copy sent to the financial aid officer. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Board's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title (relating to Agency Administration).]

(4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700093

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: February 19, 2017

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


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 53. REGIONAL EDUCATION SERVICE CENTERS

SUBCHAPTER AA. COMMISSIONER'S RULES

19 TAC §53.1001

The Texas Education Agency proposes an amendment to §53.1001, concerning regional education service center board of directors. The proposed amendment would allow State Board of Education members to serve as board of trustees members for regional education service centers.

The Texas Education Code, §8.003, requires the commissioner to adopt rules concerning the selection of members of the boards of trustees for regional education service centers. To implement the statute, 19 TAC §53.1001 was adopted effective September 1, 1998, setting out the requirements for members of the board of directors of regional education service centers. The proposed amendment would allow members of the State Board of Education to be members of the boards of directors of regional education service centers.

The proposed amendment would have no procedural or reporting implications. The proposed amendment would have no locally maintained paperwork requirements.

FISCAL NOTE. Von Byer, general counsel, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC BENEFIT/COST NOTE. Mr. Byer has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be ensuring that more individuals with experience in education could serve as members of the boards of directors of regional education service centers. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND MICROBUSINESSES. There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 20, 2017, and ends February 21, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 20, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code, §8.003, which requires the commissioner to adopt rules concerning the selection of members of the boards of trustees for regional education service centers.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §8.003.

§53.1001.Board of Directors.

(a) Term of office.

(1) A member of a regional education service center (RESC) board of directors shall be elected for a three-year term. The term of office shall begin June 1.

(2) If a vacancy occurs due to death or resignation of a member of an RESC board of directors, a 30-day period shall elapse, after notice has been given to the board chair, before the vacancy is filled.

(3) At the beginning of the 30-day period, notice of any vacancy shall be given to the president of the board of trustees and the superintendent of each school district in the education service center region and shall be posted in appropriate locations.

(4) A vacancy for the unexpired term of a member of an RESC board of directors shall be filled by appointment by the remaining board members.

(b) Election procedures.

(1) A member of an RESC board of directors must be a United States citizen, at least 18 years of age, and a resident of that education service center region. He or she may not be engaged professionally in education or be a member of a board of any educational agency or institution other than the State Board of Education. The eligibility of an RESC board member under this subsection is determined by the requirements specified in this subsection as they existed on the date the RESC board member was elected or appointed to office.

(2) A member of an RESC board of directors shall be elected by the boards of trustees of the school districts in that education service center region.

(3) Any eligible person wishing to seek election to an RESC board of directors shall file at the headquarters of that RESC in person or by certified mail between February 1 and February 20. No filing fee shall be required. Each RESC board of directors shall adopt policies concerning filing procedures.

(4) By February 1, notice of the time and place for filing shall be posted in appropriate locations and submitted to appropriate newspapers in the education service center region for publication and to the superintendent of each school district in the education service center region.

(5) A ballot shall be developed and submitted to the board of trustees of each school district in the education service center region by March 1. Placement on the ballot shall be determined by drawing. Each member of the board of trustees of each school district in the education service center region shall have one vote for each vacancy on the RESC board of directors. Completed ballots shall be returned to the chair of the RESC board of directors by April 5. The RESC board of directors shall canvass the ballots at its next regularly scheduled or special meeting, but not later than May 31, and determine the winner by a plurality of the votes cast. In the event of a tie, the names of the candidates who have tied shall be resubmitted to the board of trustees of each school district in the education service center region.

(6) The provisions described in subsection (b)(2) and (5) of this section do not apply if all positions in the election are uncontested. In the event of an uncontested election, the RESC board of directors may determine that no election will be held. The RESC board of directors must make this determination prior to March 1. If, due to an uncontested election, the RESC board of directors determines that an election should not be held, the RESC board shall declare the unopposed candidates elected to office. The RESC executive director shall notify the commissioner of education of the results of an election, whether contested or uncontested.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700106

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


CHAPTER 66. STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS

The Texas Education Agency proposes the repeal of §§66.1001, 66.1003, 66.1005, 66.1007, 66.1009, 66.1011, 66.1015, 66.1021, 66.1023, 66.1025, 66.1027, 66.1033, 66.1037, 66.1039, 66.1041, 66.1101, 66.1103, 66.1105, 66.1107, 66.1109, 66.1111, 66.1115, 66.1117, 66.1201, 66.1203, 66.1205, 66.1301, 66.1303, 66.1305, 66.1309, 66.1313, 66.1315, 66.1317, 66.1319, 66.1321, 66.1323, 66.1325, and 66.1327; amendments to §§66.1013, 66.1017, 66.1019, 66.1029, 66.1031, 66.1035, 66.1113, 66.1307, and 66.1311; and new §§66.1014, 66.1115, 66.1309, 66.1310, and 66.1312, concerning state adoption and distribution of instructional materials. The proposed repeals, amendments, and new sections would bring the rules into alignment with statutory rulemaking authority and reflect changes in law made by House Bill 1474, 84th Texas Legislature, 2015, which changed the annual instructional materials allotment (IMA) to a biennial allotment.

The changing nature of instructional materials and changes in statute since the passage of Senate Bill 6, 82nd Texas Legislature, First Called Session, 2011, and legislation passed by the 84th Texas Legislature, 2015, necessitates updates to the commissioner's rules regarding instructional materials.

The proposed revisions to Subchapter AA would reflect the following changes, including amending section titles as necessary.

Section 66.1001, Definitions, and §66.1003, Scope of Rules, would be repealed because they duplicate language from statute and are unnecessary.

Section 66.1005, Requirement for Registers, would be repealed because the State Board of Education (SBOE) has rulemaking authority for this requirement and has adopted 19 TAC §66.4 to address the requirement.

Section 66.1007, Manufacturing Standards and Specifications, would be repealed, and the requirements would be incorporated into proposed new §66.1014.

Section 66.1009, Procedures Governing Violations of Statutes--Administrative Penalties, would be repealed to avoid duplication of efforts as the SBOE provides for administrative penalties concerning instructional materials in 19 TAC §66.15.

Section 66.1011, Review and Adoption Cycles, would be repealed to provide as much flexibility in the adoption of the commissioner's list as possible within statutory authority.

The proposed amendment to §66.1013, Request, Public Notice, and Schedule for Adopting Electronic Instructional Materials, would modify the process for instructional materials to be added to the commissioner's list to more closely align with current practice.

Proposed new §66.1014, Requirements for Publisher Participation, would outline the requirements a publisher must meet to participate in the review of instructional materials to be considered for adoption by the commissioner and incorporate several requirements from other sections of the subchapter that would be repealed, including §§66.1007, 66.1025, and 66.1027.

Section 66.1015, Electronic Instructional Materials Review Panels: Eligibility, would be repealed, and the requirements would be incorporated into the proposed amendment to §66.1017.

The proposed amendment to §66.1017, Electronic Instructional Materials Review Panels: Appointment, would outline the requirements for review panels of instructional materials to be considered for adoption by the commissioner, bring those requirements into alignment with statutory requirements, and incorporate requirements from sections that would be repealed, including §§66.1015, 66.1021, and 66.1023.

The proposed amendment to §66.1019, Electronic Instructional Materials Review Panels: Duties and Conduct, would bring the training, duties, and conduct requirements for reviewers of materials to be considered for adoption by the commissioner into alignment with SBOE requirements for instructional materials reviews and statutory requirements of the Texas Education Code (TEC), §31.0231.

Section 66.1021, Electronic Instructional Materials Review Panels: Orientation, and §66.1023, Electronic Instructional Materials Review Panels: No-Contact Periods, would be repealed, and the requirements would be included in the proposed amendment to §66.1017.

Section 66.1025, Response to Request for Electronic Instructional Materials, and §66.1027, Electronic Instructional Materials Offered for Adoption by the Commissioner, would be repealed, and the requirements would be incorporated into proposed new §66.1014.

The proposed amendment to §66.1029, Public Comment on Electronic Instructional Materials, would add statutory requirements outlined in TEC, §31.0231.

Section 66.1031, Consideration and Adoption of Electronic Instructional Materials, and §66.1035, Updates to Electronic Instructional Materials, would be revised for clarity and alignment with statutory requirements.

Section 66.1033, Statewide License, would be repealed because current language is permissive and, therefore, unnecessary.

Section 66.1037, Delivery of Adopted Electronic Instructional Materials, would be repealed to provide as much flexibility in the adoption of the commissioner's list as possible within statutory authority.

Section 66.1039, Sample Copies of Electronic Instructional Materials for School Districts, would be repealed because there is no longer a need for this requirement as all samples are made available electronically to the public.

Section 66.1041, Selection of Electronic Instructional Materials by School Districts, would be repealed because this requirement is outdated since the creation of the IMA.

The proposed revisions to Subchapter BB would include the following changes.

Sections 66.1101, Definitions; 66.1103, Scope of Rules; 66.1105, Requirement for Registers; 66.1107, Manufacturing Standards and Specifications; 66.1109, Review and Adoption Cycles; 66.1111, Request, Public Notice, and Schedule for the Adoption of State-Developed Open-Source Instructional Materials; and 66.1117, Preparing and Completing Contracts, would be repealed because they duplicate language in statute and are unnecessary.

Section 66.1113, Requirements for State-Developed Open-Source Instructional Materials, would be revised for clarity and to align with SBOE requirements regarding instructional materials.

Section 66.1115, Cost of State-Developed Open-Source Instructional Materials, would be repealed, and new §66.1115, Cost and Distribution of State-Developed Open-Source Instructional Materials, would be proposed. The new section would align the provisions with TEC, §31.075.

The rules in Subchapter CC would be repealed, and the requirements would be incorporated into proposed new §66.1310.

Subchapter DD, relettered as Subchapter CC, would be revised to include the following changes.

Section 66.1301, Definitions, and §66.1303, Scope of Rules, would be repealed because they duplicate language from statute and are unnecessary.

Section 66.1305, Certification of Instructional Materials, would be repealed because it duplicates SBOE rule requirements in 19 TAC §66.105 and is unnecessary.

Section 66.1307, Instructional Materials Allotment, would be revised for clarity and to incorporate information from §66.1313 and §66.1323 proposed for repeal.

Section 66.1309, High-Enrollment Growth Adjustment, would be repealed, and new §66.1309, High Enrollment Growth Adjustment, would be proposed. The new rule would include language from §66.1327 proposed for repeal for a more logical sequence. Additionally, the language would provide a more equitable distribution of funds dedicated to high enrollment growth and include the possibility of additional bilingual instructional materials funding.

Proposed new §66.1310, Acceptable Condition of Instructional Materials and Technological Equipment, would be added to include requirements proposed for repeal in Subchapter CC.

Section 66.1311, Special Instructional Materials, would be revised for clarity.

Proposed new §66.1312, Delayed Publisher Payment Option, would be added to include the requirements from §66.1327 proposed for repeal. The provisions would be moved for a more logical sequence and revised for clarity.

Section 66.1313, Bilingual Instructional Materials, would be repealed, and the requirements would be incorporated into the proposed amendment to §66.1307.

Section 66.1315, Title and Custody, would be repealed because it duplicates the requirements of TEC, §31.1011(e), and is unnecessary.

Section 66.1317, Sale or Disposal of Instructional Materials and Technological Equipment, would be repealed because it duplicates the requirements of TEC, §31.105, and is unnecessary.

Section 66.1319, Local Accountability, would be repealed to give local school districts the authority to establish their own policies regarding their instructional materials.

Section 66.1321, Lost, Damaged, or Worn out Instructional Materials, would be repealed to provide school districts greater flexibility and because it is in part duplicative of TEC, §31.104.

Section 66.1323, Juvenile Justice Alternative Education Programs, would be repealed, and the requirements would be incorporated into the proposed amendment to §66.1307.

Section 66.1325, Reimbursements of Funds to Local Education Agencies, would be repealed to allow local school districts greater flexibility in the use of their instructional materials allotments.

Section 66.1327, Delayed Publisher Payment Option, would be repealed, and the requirements would be proposed as new §66.1312.

The proposed revisions would have no procedural or reporting implications. The proposed revisions would have no locally maintained paperwork requirements.

FISCAL NOTE. Monica Martinez, associate commissioner for standards and support services, has determined that for the first five-year period the revisions are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the revisions. There is no effect on local economy for the first five years that the proposed revisions are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC BENEFIT/COST NOTE. Ms. Martinez has determined that for each year of the first five years the revisions are in effect the public benefit anticipated as a result of enforcing the revisions will be ensuring the rules align with current statute and clarifying allowed IMA expenditures, making management of instructional materials at the district level easier. There is no anticipated economic cost to persons who are required to comply with the proposed revisions.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND MICROBUSINESSES. There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 20, 2017, and ends February 21, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 20, 2017.

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING THE COMMISSIONER'S LIST OF ELECTRONIC INSTRUCTIONAL MATERIALS

19 TAC §§66.1001, 66.1003, 66.1005, 66.1007, 66.1009, 66.1011, 66.1015, 66.1021, 66.1023, 66.1025, 66.1027, 66.1033, 66.1037, 66.1039, 66.1041

STATUTORY AUTHORITY. The repeals are proposed under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1001.Definitions.

§66.1003.Scope of Rules.

§66.1005.Requirement for Registers.

§66.1007.Manufacturing Standards and Specifications.

§66.1009.Procedures Governing Violations of Statutes--Administrative Penalties.

§66.1011.Review and Adoption Cycles.

§66.1015.Electronic Instructional Materials Review Panels: Eligibility.

§66.1021.Electronic Instructional Materials Review Panels: Orientation.

§66.1023.Electronic Instructional Materials Review Panels: No-Contact Periods.

§66.1025.Response to Request for Electronic Instructional Materials.

§66.1027.Electronic Instructional Materials Offered for Adoption by the Commissioner.

§66.1033.Statewide License.

§66.1037.Delivery of Adopted Electronic Instructional Materials.

§66.1039.Sample Copies of Electronic Instructional Materials for School Districts.

§66.1041.Selection of Electronic Instructional Materials by School Districts.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700095

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


19 TAC §§66.1013, 66.1014, 66.1017, 66.1019, 66.1029, 66.1031, 66.1035

STATUTORY AUTHORITY. The amendments and new section are proposed under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The amendments and new section implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1013.[Request,] Public Notice[,] and Process [Schedule] for Commissioner-Adopted [Adopting Electronic] Instructional Materials.

(a) Upon determining a need, the [The] commissioner of education shall issue a public notice informing publishers of the opportunity to submit [request calling for electronic] instructional materials to be considered for adoption. [according to a cycle for foundation and enrichment subjects as determined by the commissioner or according to the review and adoption cycle for subjects in the foundation curriculum and enrichment curriculum adopted by the State Board of Education. The request shall serve as notice to all publishers and to the public that bids to furnish new electronic instructional materials to the state are being invited.]

(b) At a minimum, the public notice [request for electronic instructional materials] shall contain the following:

(1) specifications for essential knowledge and skills in each subject for which materials may be submitted [bids are being invited];

(2) instructions regarding the process publishers must follow to submit materials for consideration;

(3) [(2)] information regarding the technical standards of the Rehabilitation Act, §508; and

(4) [(3)] a schedule of adoption procedures [for electronic instructional materials].

(c) The request for [electronic] instructional materials shall require coverage of specific essential knowledge and skills a designated number of times.

[(d) The commissioner will provide a minimum of 90 calendar days for content development upon the release of the request for electronic instructional materials.]

[(e) Under extraordinary circumstances, the commissioner may adopt an emergency, supplementary, or revised request for electronic instructional materials without complying with the timelines and other requirements of this section.]

§66.1014.Requirements for Publisher Participation.

(a) A publisher that intends to offer instructional materials for review shall comply with product standards and specifications.

(1) Hard copy instructional materials adopted by the commissioner of education shall comply with the standards in the latest edition of Manufacturing Standards and Specifications for Textbooks approved by the National Advisory Commission on Textbook Specifications, as applicable. If the commissioner determines that good cause exists, the commissioner may approve an exception for a specific portion or portions of this requirement.

(2) Materials delivered online shall meet minimum web-based standards.

(3) A publisher that offers electronic instructional materials must provide a report for each electronic component that verifies that the component follows Web Content Accessibility (WCAG) 2.0, Level AA, standards and technical standards required by the Rehabilitation Act, §508. The report must be prepared by an independent third party and be based on an audit testing the accessibility of a random sampling of pages as outlined in each public notice of invitation. The number of pages to be audited to meet the requirements shall be determined by the publisher.

(4) A publisher that provides access to materials to students with disabilities through an alternate format shall include a link to that material on the entrance page of the main product.

(5) A publisher shall file a statement certifying instructional materials submitted for consideration will meet applicable product standards and specifications if adopted. Each statement must be made in a format designated by the commissioner, signed by a company official, and filed on or before the deadline specified in the schedule of adoption procedures in each public notice of invitation.

(6) If, during the contract period, the commissioner determines that any adopted instructional materials have faulty manufacturing characteristics or are made of inferior materials, the materials shall be replaced by the publisher without cost to the state.

(b) A publisher that intends to offer instructional materials for adoption shall comply with requirements detailed in the related public notice of invitation.

(c) A publisher may not submit instructional materials for review that have been authored or contributed to by a current employee of the Texas Education Agency.

§66.1017.Commissioner-Adopted [Electronic] Instructional Materials Review Panels: Eligibility and Appointment.

(a) The commissioner of education shall determine:

(1) [determine] the number of review panels needed to review [electronic] instructional materials under consideration for adoption; and

(2) [determine] the number of persons to serve on each panel.

(b) A person is not eligible to serve on an instructional materials review panel if, during the 36 months immediately preceding the appointment, the person:

(1) was employed by or received funds from any individual or entity affiliated with a publishing company involved in or connected to the adoption of instructional materials;

(2) owned or controlled any interest valued at more than $5,000 in a privately owned publishing company or an entity receiving funds from a publishing company involved in or connected to the adoption of instructional materials or had direct ownership of stock of a publicly traded company involved in or connected to the adoption of instructional materials; or

(3) was employed by an institution of higher education that has submitted open-source instructional materials or is a publisher of instructional materials.

[(b) Each appointment to an electronic instructional materials review panel shall be made by the commissioner.]

(c) The commissioner shall make appointments to [electronic ] instructional materials review panels that ensure that each panel consists of at least two recognized academic experts in the subject area of the [electronic instructional] materials and at least one expert in the field of educational technology.

(d) The term recognized academic expert includes university professors, public school teachers, members of the business community, and citizens of Texas with a strong background in a particular discipline.

(e) If funding is available, the commissioner may execute a contract with a university, education service center, or other qualified entity to supply review panelists.

[(e) The commissioner of education shall solicit recommendations for possible appointees to electronic instructional materials review panels from:]

[(1) school districts, open-enrollment charter schools, and educational organizations in the state; and]

[(2) members of the State Board of Education.]

[(f) Recommendations may be accepted from any Texas resident.]

[(g) Nominations shall not be made by or accepted from any publishers, authors, depositories, or hardware or software providers or any person who holds any official position with a publisher, author, depository, hardware or software provider, or agent.]

[(h) Members of an electronic instructional materials review panel may be removed at the discretion of the commissioner.]

§66.1019.[Electronic] Instructional Materials Review Panels: Training, Duties, and Conduct.

(a) Instructional materials review panel members shall participate in training that includes at least the following:

(1) the responsibilities of a review panel member;

(2) clear and consistent guidelines for determining Texas essential knowledge and skills (TEKS) coverage within the instructional materials;

(3) the criteria the materials must meet;

(4) identifying factual errors; and

(5) the evaluation instruments to be used for the review.

(b) [(a)] The duties of [each member of] an [electronic] instructional materials review panel are to:

(1) evaluate all [electronic] instructional materials submitted for consideration [adoption] in each subject assigned to the panel to determine if essential knowledge and skills are covered as was specified in the public notice; [in the student version of the electronic instructional materials, as well as in the teacher version of the electronic instructional materials. Panel members will use commissioner of education-approved procedures for evaluating coverage of the essential knowledge and skills. The approved procedures include the following.]

[(A) Electronic instructional materials review panel members must participate in online training to ensure clear and consistent guidelines for determining full Texas Essential Knowledge and Skills (TEKS) coverage within the electronic instructional materials.]

[(B) Electronic instructional materials review panel members must participate in a team during the review and reach a consensus to determine if the TEKS have been covered sufficiently in the electronic instructional materials.]

[(C) Electronic instructional materials shall be evaluated for TEKS coverage at each grade level, including the number of opportunities that TEKS are addressed for students to demonstrate knowledge;]

(2) evaluate the educational technology design of the instructional materials;

(3) evaluate the extent to which the instructional material is in alignment with current research in the subject for which the material is intended to be used;

(4) determine whether the material includes appropriate training for teachers; and

(5) [(2)] submit to the commissioner a report to include: [indicating the percentage of required TEKS that each submission assigned to be evaluated by the electronic instructional materials review panel covers;]

(A) the percentage of required TEKS that each submission assigned to be evaluated by the review panel covers;

(B) a score, based on rubrics to be provided by the commissioner, for the qualities described in paragraphs (1)-(4) of this subsection;

(C) a list of all factual errors discovered in the instructional materials assigned to be evaluated by the review panel; and

(D) as appropriate to a subject area and/or grade level, verification that the panel did not find content in the materials that clearly conflicts with the stated purpose of the Texas Education Code, §28.002(h).

[(3) submit to the commissioner a list of any factual errors in electronic instructional materials assigned to be evaluated by the electronic instructional materials review panel; and]

[(4) as appropriate to a subject area and/or grade level, ascertain that electronic instructional materials submitted for adoption do not contain content that clearly conflicts with the stated purpose of the Texas Education Code, §28.002(h).]

(c) [(b)] Instructional [Electronic instructional] materials review panel members shall not accept meals, entertainment, gifts, or gratuities in any form from publishers, authors, hardware or software providers, or depositories; agents for publishers, authors, hardware or software providers, or depositories; any person who holds any official position with publishers, authors, hardware or software providers, depositories, or agents; or any person or organization interested in influencing the selection of [electronic] instructional materials.

(d) Instructional materials review panel members shall observe a no-contact period that shall begin with the initial communication regarding possible appointment to a review panel and end when the final report showing the findings of the review panels is posted on the Texas Education Agency website. During this period, review panel members shall not have direct or indirect communication with any person having an interest in the adoption process regarding content of instructional materials under evaluation by the panel.

[(c) A member of an electronic instructional materials review panel shall have no contact with other members of the panel except during official meetings. Electronic instructional materials review panel members shall not discuss electronic instructional materials being evaluated with any party having a direct or indirect interest in adoption of electronic instructional materials.]

§66.1029.Public and State Board of Education Comment on Commissioner-Adopted [Electronic ] Instructional Materials.

(a) The commissioner of education shall provide access to electronic instructional materials being considered for adoption and the results of the panel review through the Texas Education Agency (TEA) website for a minimum of 60 days prior to adoption.

(b) The commissioner shall provide access to non-electronic instructional materials being considered for adoption and the results of the panel review at TEA and each regional education service center for a minimum of 60 days prior to adoption.

[(a) Written comments.]

(c) [(1)] Any resident of Texas may submit written comments for, against, or about any [electronic] instructional materials submitted for adoption.

(1) Written comments and lists of factual errors shall be submitted to the commissioner on or before the deadlines specified in the schedule of adoption procedures.

(2) Written comments and lists of factual errors shall be submitted to the commissioner on a form provided by the TEA. [of education on or before the deadlines specified in the schedule of adoption procedures]

(3) Copies of written comments and lists of factual errors shall be posted on the TEA website [provided to the participating publishers, regional education service centers, and persons who have filed written requests].

(d) [(b)] [Public testimony.] Before placing materials on the Commissioner's List of Adopted [Electronic] Instructional Materials, a discussion item will be included on the State Board of Education (SBOE) agenda for the Committee of the Full Board and public testimony will be taken at that time.

(e) [(c)] [SBOE comment.] Before [placing] materials are adopted for [on ] the Commissioner's List of Adopted [Electronic] Instructional Materials, the SBOE shall [must] be given an opportunity to comment on the [electronic instructional] materials. [If the commissioner places electronic instructional materials on the Commissioner's List of Electronic Instructional Materials, the SBOE may, not later than the 90th day after the date the material is placed on the list, require the commissioner to remove the material from the list.]

(f) The SBOE may, not later than the 90th day after the date material is adopted, require the commissioner to remove the material from the adopted list.

§66.1031.Consideration and Adoption of [Electronic] Instructional Materials.

(a) The commissioner of education shall review all [electronic] instructional materials submitted for consideration for adoption. The commissioner's review shall include the following:

(1) all information provided in the review panel's report required by §66.1019(b)(5) of this title (relating to Instructional Materials Review Panels: Training, Duties, and Conduct);

[(1) evaluations of electronic instructional materials prepared by electronic instructional materials review panel members, including the extent to which the materials align to the required Texas Essential Knowledge and Skills (TEKS);]

(2) compliance with applicable manufacturing standards and specifications and, if applicable, technical requirements of the Rehabilitation Act, §508;

(3) the results of the audit required by §66.1014(a)(3) of this title (relating to Requirements for Publisher Participation); and

[(3) recommended corrections of factual errors identified by electronic instructional materials review panels; and]

(4) prices of [electronic] instructional materials submitted for adoption.

(b) Based on the review specified in subsection (a) of this section, the commissioner shall make a final decision regarding the [electronic] instructional materials that will be placed on the adopted list and made available for schools. The commissioner shall [will] establish a schedule and procedure for one opportunity for a publisher to appeal the decision. [period of time for a publisher to respond to the reasons its electronic instructional materials were rejected. Electronic instructional materials may be rejected for several reasons. The reasons for rejection include, but are not limited to:]

[(1) failure to meet the minimum essential knowledge and skills specified in the request for electronic instructional materials;]

[(2) failure to meet applicable manufacturing standards and specifications or, if applicable, the technical requirements of the Rehabilitation Act, §508;]

[(3) failure to correct errors of fact; or]

[(4) content that clearly conflicts with the stated purpose of the Texas Education Code, §28.002(h).]

(c) The commissioner may allow a publisher to withdraw from the adoption process at any time prior to the adoption date specified in the schedule of adoption procedures. [after the date specified in the request for electronic instructional materials due to recommended placement as conforming or nonconforming, manufacturing specifications required as a condition of adoption that the publisher states cannot be met, or failure to agree to make corrections required by the commissioner]

(d) The decision by the commissioner regarding the adoption or non-adoption [final disposition] of [electronic] instructional materials submitted for inclusion on the commissioner's adopted list is final and may not be appealed.

§66.1035.Updates to Commissioner-Adopted [Electronic] Instructional Materials.

(a) A publisher may submit a request to the commissioner of education for approval to update the content of commissioner-adopted [state-adopted electronic] instructional materials. A publisher requesting an update shall do so in a manner and on a form to be determined by the commissioner. [provide the request in writing, providing a comparison that includes the changes made in the update with the corresponding sections of the state-adopted electronic instructional materials along with access to both the updated electronic instructional materials and the adopted version]

(b) Requests for approval of updates shall provide that there will be no additional cost to local school districts or open-enrollment charter schools. [the state.]

[(c) Requests for approval of updates shall not be approved during the first year of the original contract unless the commissioner determines that changes in technology, curriculum, or other reasons warrant the updates.]

[(d) Publishers submitting requests for approval of updates must certify in writing that the new material meets the applicable essential knowledge and skills and is free from factual errors.]

(c) [(e)] The commissioner may request that publishers [to] update [electronic ] instructional materials [at a minimum] to accurately reflect current knowledge or information. If the publisher chooses not to comply, the commissioner has the discretion to remove the material from the adopted list. [Publishers shall provide details of the changes at least 30 business days before the changes are implemented. The commissioner must review the new content before it is included in the materials. The commissioner shall respond to such a request within 30 business days after receipt of the request.]

(d) [(f)] Publishers shall notify the commissioner before making electronic design changes and/or updates that improve performance, design, and technology capabilities, including updates to the navigational features or management system, that enhance the operation and usage for students and teachers but do not include changes to the applicable essential knowledge and skills coverage or new content. Publishers shall provide details of the changes at least 30 business days before the changes are implemented.

(e) [(g)] A publisher of commissioner-adopted [adopted electronic] instructional materials may provide alternative formats for use by school districts and open-enrollment charter schools if the cost to [the state and] schools is equal to or less than the cost of the original product.

[(h) Alternative formats may be developed and introduced at a time when the subject or grade level is not scheduled in the cycle to be considered for at least two years, in conformance with the procedures for adoption of other state-adopted materials.]

(f) [(i)] Publishers must notify the commissioner in writing if they are providing commissioner-approved products in alternative formats.

(g) [(j)] Publishers are responsible for informing districts and open-enrollment charter schools of the availability of the alternative formats [and for accurate fulfillment of these orders].

(h) [(k)] The commissioner may add alternative formats of commissioner-adopted products to the list of available products disseminated to school districts and open-enrollment charter schools.

(i) [(l)] The commissioner may remove an adopted [electronic] instructional material from the list of available products at any time. [Before the commissioner removes an adopted electronic instructional material from the list of available products, the removal must be recommended by a panel of recognized experts in the subject area of the electronic instructional material and experts in education technology.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700096

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


SUBCHAPTER BB. COMMISSIONER'S RULES CONCERNING STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL MATERIALS

19 TAC §§66.1101, 66.1103, 66.1105, 66.1107, 66.1109, 66.1111, 66.1115, 66.1117

STATUTORY AUTHORITY. The repeals are proposed under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1101.Definitions.

§66.1103.Scope of Rules.

§66.1105.Requirement for Registers.

§66.1107.Manufacturing Standards and Specifications.

§66.1109.Review and Adoption Cycles.

§66.1111.Request, Public Notice, and Schedule for the Adoption of State-Developed Open-Source Instructional Materials.

§66.1115.Cost of State-Developed Open-Source Instructional Materials.

§66.1117.Preparing and Completing Contracts.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700097

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


19 TAC §66.1113, §66.1115

STATUTORY AUTHORITY. The amendment and new section are proposed under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The amendment and new section implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1113.Requirements for State-Developed Open-Source Instructional Materials.

(a) The commissioner of education may purchase state-developed open-source instructional materials in accordance with the Texas Education Code (TEC), §31.071. The purchase shall be through a competitive process.

(b) State-developed open-source instructional materials must be irrevocably owned by or licensed to the state for use in the applicable subject and grade level.

(c) The state must have unlimited authority to modify, delete, combine, or add content to the open-source instructional materials after purchase.

(d) State-developed open-source instructional materials must be created using the industry-standard software specified in the request for state-developed open-source instructional materials.

(e) The state must be given access to digital files necessary for content modification of [used for] the state-developed open-source instructional materials.

(f) Publishers of state-developed open-source instructional materials shall submit to the Texas Education Agency (TEA) a signed affidavit, including the following: [certifying that each individual whose name is listed as an author or contributor of a state-developed open-source instructional material contributed to the development of the state-developed open-source instructional material. The affidavit shall also state in general terms each author's involvement in the development of the state-developed open-source instructional material.]

(1) certification that each individual whose name is listed as an author or contributor of a state-developed open-source instructional material contributed to the development of the material; and

(2) a general description of each author's or contributor's involvement in the development of the material.

(g) Publishers may not submit state-developed open-source instructional materials that have been authored by a current [an] employee of the TEA.

(h) Following the revision of Texas essential knowledge and skills (TEKS) [curriculum] by the State Board of Education, the commissioner shall require the revision of state-developed open-source instructional materials relating to those TEKS [that curriculum]. The commissioner shall use a competitive process to request proposals to revise state-developed open-source instructional materials.

(i) The commissioner may, at any time, require the revision of a state-developed open-source instructional material for a period not to exceed the period under the TEC, §31.022, for which an instructional material for that subject and grade level may be adopted.

(j) The review of revised state-developed open-source instructional materials shall have the same requirements and occur according to the same process as new state-developed open-source instructional materials.

§66.1115.Cost and Distribution of State-Developed Open-Source Instructional Materials.

(a) State-developed open-source instructional materials shall be provided free of cost to Texas public schools and open-enrollment charter schools.

(b) The commissioner of education may choose to provide a license to use state-developed open-source instructional material to entities other than Texas public schools and open-enrollment charter schools.

(c) The commissioner shall determine the cost to an entity other than a Texas school district or an open-enrollment charter school for state-developed open-source instructional materials. In determining that cost, the commissioner shall consider state expenses associated with the instructional materials, including expenses incurred by the state in soliciting, evaluating, revising, and purchasing the open-source instructional materials.

(d) State-developed open-source instructional materials shall be distributed electronically to school districts, open-enrollment charter schools, and entities that choose to purchase them in a manner to be determined by the commissioner.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700098

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING ACCEPTABLE CONDITION OF PUBLIC SCHOOL PRINTED INSTRUCTIONAL MATERIALS, ELECTRONIC INSTRUCTIONAL MATERIALS, AND TECHNOLOGICAL EQUIPMENT

19 TAC §§66.1201, 66.1203, 66.1205

STATUTORY AUTHORITY. The repeals are proposed under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1201.Printed Instructional Materials.

§66.1203.Electronic Instructional Materials.

§66.1205.Technological Equipment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700099

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


SUBCHAPTER DD. COMMISSIONER'S RULES CONCERNING INSTRUCTIONAL MATERIALS ALLOTMENT

19 TAC §§66.1301, 66.1303, 66.1305, 66.1309, 66.1313, 66.1315, 66.1317, 66.1319, 66.1321, 66.1323, 66.1325, 66.1327

STATUTORY AUTHORITY. The repeals are proposed under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1301.Definitions.

§66.1303.Scope of Rules.

§66.1305.Certification of Instructional Materials.

§66.1309.High-Enrollment Growth Adjustment.

§66.1313.Bilingual Instructional Materials.

§66.1315.Title and Custody.

§66.1317.Sale or Disposal of Instructional Materials and Technological Equipment.

§66.1319.Local Accountability.

§66.1321.Lost, Damaged, or Worn out Instructional Materials.

§66.1323.Juvenile Justice Alternative Education Programs.

§66.1325.Reimbursements of Funds to Local Education Agencies.

§66.1327.Delayed Publisher Payment Option.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700100

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


19 TAC §§66.1307, 66.1309 - 66.1312

STATUTORY AUTHORITY. The amendments and new sections are proposed under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The amendments and new sections implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1307.Instructional Materials Allotment.

(a) The commissioner of education shall determine the amount of the instructional materials allotment (IMA) for a school district or an open-enrollment charter school based on Texas Student Data System Public Education Information Management System (TSDS PEIMS) [(PEIMS)] student enrollment data from the fall snapshot collection of [on a date during] the [preceding] school year preceding the first year of each biennium. [specified by the commissioner]

(b) The commissioner shall determine the amount of the IMA for Texas Juvenile Justice Department facilities.

(c) The commissioner shall determine the amount of the IMA for bilingual education based on TSDS PEIMS bilingual enrollment data from the fall collection of the school year preceding the first year of each biennium.

(d) The amount of the IMA determined by the commissioner is final and may not be appealed.

(e) Each school district's or open-enrollment charter school's IMA must be expended according to the following priorities established in the Texas Education Code (TEC), §31.0211:

(1) first, instructional materials necessary to permit the school district or open-enrollment charter school to certify that the school district or open-enrollment charter school has instructional materials that cover all elements of the essential knowledge and skills of the required curriculum, other than physical education, for each grade level as required by the TEC, §28.002; and

(2) then, any other instructional materials or allowed technological equipment.

[(b) The amount of the instructional materials allotment determined by the commissioner is final and may not be appealed.]

(f) [(c)] Maintaining the priorities provided in subsection (e) of this section, the IMA [The instructional materials allotment] may be used to pay for:

[(1) purchase:]

(1) [(A)] instructional materials on the list adopted by the commissioner under the TEC [Texas Education Code (TEC)], §31.0231;

(2) [(B)] instructional materials on the list adopted by the State Board of Education under the TEC, §31.024;

(3) [(C)] non-adopted instructional materials;

(4) [(D)] consumable instructional materials;

(5) [(E)] instructional materials for use in bilingual education classes, as provided by the TEC, §31.029;

(6) versions of non-adopted instructional materials that are fully accessible to students with disabilities;

(7) [(F)] instructional materials for use in college preparatory courses under the TEC, §28.014, as provided by the TEC, §31.031;

(8) [(G)] supplemental instructional materials, as provided by the TEC, §31.035;

(9) [(H)] state-developed open-source instructional materials, as provided by the TEC, Chapter 31, Subchapter B-1;

(10) [(I)] instructional materials and technological equipment under any continuing contracts of the school district or open-enrollment charter school in effect on September 1, 2011; [and]

(11) [(J)] technological equipment that contributes to student learning, including equipment that supports the use of instructional materials; [and]

[(2) pay for:]

(12) [(A)] training educational personnel directly involved in student learning in the appropriate use of instructional materials;

(13) [(B)] providing access to technological equipment for instructional use; and

(14) [(C)] the salary and other expenses of an employee who provides technical support for the use of technological equipment directly involved in student learning.

(g) [(d)] The IMA [instructional materials allotment] may not be used to pay for:

[(1) purchase:]

(1) [(A)] services for installation;

(2) [(B)] the physical conduit that transmits data such as cabling and wiring or electricity;

(3) [(C)] office and school supplies; [or]

(4) [(D)] items that are not directly related to student instruction such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment; [or]

[(2) pay for:]

(5) [(A)] travel expenses; [or]

(6) activities related to the local review and adoption of instructional materials; or

(7) [(B)] equipment or software used [at a warehouse] for the purpose of moving, storing, tracking, or taking inventory of instructional materials.

(h) The IMA for each biennium will be made available for school district and open-enrollment charter school use through the state's online instructional materials ordering system (EMAT) as early as possible in the fiscal year preceding the beginning of the biennium for which the funds have been appropriated.

(i) A school district or an open-enrollment charter school may access its IMA funds for any upcoming school year upon completion of all of the following:

(1) submission to the commissioner certification that:

(A) the school district or open-enrollment charter school has instructional materials that cover all the required Texas essential knowledge and skills (TEKS), except those for physical education, as required by the TEC, §31.004; and

(B) the school district or open-enrollment charter school has used its IMA for only the allowable expenditures provided in subsection (f) of this section; and

(2) preparation by the agency of EMAT for the new school year with the new allotment amounts.

(j) Upon completion of the requirements listed in subsection (i) of this section, school districts and open-enrollment charter schools may access their IMA funds by correctly providing all the information required in EMAT.

(k) Information required in EMAT may include verification of TEKS coverage for certain disbursement requests.

§66.1309.High Enrollment Growth Adjustment.

(a) From the biennial instructional materials fund, the commissioner of education shall set aside an amount not to exceed $10 million for each year of the biennium to make high-enrollment-growth adjustments for school districts and open-enrollment charter schools that experience the highest enrollment growth from the previous year.

(b) High-enrollment-growth adjustments will be based on the difference between the school district's or open-enrollment charter school's percentage of enrollment growth and that of the state. Enrollment growth calculations will be determined each fiscal year based on fall Texas Student Data System Public Education Information Management System enrollment data.

(c) The amount of the adjustment determined by the commissioner is final and may not be appealed.

(d) If sufficient instructional materials funds are available, high-enrollment-growth adjustments will be granted once each fiscal year.

(e) The per-student high-enrollment-growth adjustment granted in the second year of a biennium shall not exceed one-half of the per-student amount established as the biennial instructional materials allotment.

(f) Notwithstanding subsection (d) of this section, a school district or an open-enrollment charter school that experiences an unexpected growth of at least two percent due to a natural or man-made disaster or catastrophic event may apply to the commissioner for additional instructional material allotment (IMA) funding at any time during a fiscal year. Any additional funding will be dependent on the availability of funds.

(g) Notwithstanding subsection (d) of this section, a school district or an open-enrollment charter school that experiences an unexpected growth in its bilingual population of at least 10 percent in any school year may apply to the commissioner for additional bilingual IMA funding at any time during a fiscal year. Any additional funding will be dependent on the availability of funds.

§66.1310.Acceptable Condition of Instructional Materials and Technological Equipment.

(a) Printed instructional materials are considered to be in acceptable condition if:

(1) the cover, binding, pages, spine, and all integral components of the instructional materials are wholly intact and the instructional materials are fully usable by students; and

(2) no component of the instructional materials is soiled, torn, or damaged (whether intentionally or by lack of appropriate care) to the extent that any portion of the content is too disfigured or obscured to be fully accessible to students.

(b) Electronic instructional materials are considered to be in acceptable condition if:

(1) all components or applications that are a part of the electronic instructional materials are returned;

(2) the electronic instructional materials perform as they did when they were new;

(3) the electronic instructional materials do not contain computer code (e.g., bug, virus, worm, or similar malicious software) that has been designed to self-replicate, damage, change, or otherwise hinder the performance of any computer's memory, file system, or software; and

(4) the electronic instructional materials have not been installed with plug-ins, snap-ins, or add-ins without the prior approval of the school district or open-enrollment charter school.

(c) Technological equipment is considered to be in acceptable condition if:

(1) the equipment is returned with the software and hardware in their original condition unless the school district or open-enrollment charter school authorized changes; and

(2) the physical condition of the equipment is fully usable as it was originally intended to be used.

§66.1311.Special Instructional Materials.

(a) All laws and rules applying to instructional materials provided to students with no disabilities [visual impairments] that are not in conflict with the Texas Education Code, §31.028, or this section shall apply to the distribution and control of special [specialized] instructional materials [material formats, including, but not limited to, the following].

[(1) A requisition for special instructional materials shall be based on actual student enrollment to meet individual student needs.]

[(2) Each school district or open-enrollment charter school shall conduct an annual physical inventory of all currently adopted accessible instructional materials that have been requisitioned by and delivered to the district or charter. The results of the inventory shall be recorded in the district's or charter's files and made available to the Texas Education Agency (TEA) upon request.]

(b) Special instructional materials include braille, large-print, and audio books and any other formats designed specifically to provide equal access to students with disabilities.

(c) Requisitions for special instructional materials shall be based on actual student enrollment but may include up to two copies per student if necessary to meet individual needs.

(d) Special instructional materials are the property of the state. School districts and open-enrollment charter schools are responsible for replacing or reimbursing the state for lost, stolen, or damaged special instructional materials.

[(b) Reimbursement and/or replacement shall be made for all volumes of specialized instructional material formats determined to be lost.]

(e) [(c)] Publishers shall grant permission to the state to have adopted instructional materials converted into special [specialized] instructional materials [material formats] without penalty or royalty.

(f) [(d)] On or before the deadline specified in the schedule of adoption procedures, each publisher of newly adopted print instructional materials shall provide computerized files to the state as specified in the proclamation to be used for producing special [specialized] instructional materials [material formats to be used by students who are blind or visually impaired]. All information contained in adopted instructional materials shall be included on the computerized files. Computerized files may be copied and distributed to [a] school districts [district], upon request, for [instructional] use with a student who [is blind or visually impaired and] requires the use of computerized instructional materials, pursuant to an individualized plan developed for the student under the Rehabilitation Act, §504,[;] the Americans with Disabilities Act,[;] or the Individuals with Disabilities Education Act.

(g) [(e)] Gifts of special instructional materials [in a specialized format for educating students who are blind or visually impaired tendered by individuals, groups, or school district officials] may be accepted by the commissioner of education and shall become state property. Gift materials may be shipped by Free Matter for the Blind and Other Physically Handicapped Persons to the Special Textbook Redistribution Center or other location designated by the TEA.

(h) [(f)] Adopted instructional materials needed by a Texas public school teacher with a print disability [person who is blind or visually impaired] to carry out his or her instructional [the] duties [of a teacher in the public schools of this state] shall be furnished in the required [a specialized] format without cost. The materials are to be loaned to the public school districts as long as needed and are to be returned to the state when they are no longer needed. [Materials in the medium needed by the teacher may be requisitioned by an instructional materials coordinator after the superintendent of schools has certified the following to the commissioner:]

[(1) (1) the name of the teacher;]

[(2) (2) the grade or subject taught; and]

[(3) (3) the fact of the teacher's visual impairment.]

(i) [(g)] Large-print [Large print] instructional materials intended for student use must comply with the standards in the latest edition of the Manufacturing Standards and Specifications for Textbooks [approved by the Advisory Commission on Textbook Specifications].

(j) [(h)] Adopted instructional materials in a specialized format that are requested by a parent with a print disability [who is blind or visually impaired] shall be furnished without cost by the state. [Materials in the medium needed by the parent may be requisitioned by an instructional materials coordinator.] Requests for electronic files will be filled by the TEA after the parent signs and the TEA receives a statement, through the appropriate school district, promising that the parent will safeguard the security of the files and observe all current copyright laws, including those that forbid reproduction of the files and their transfer to other parties. All special [specialized] instructional materials [material formats] and electronic files [with educational content] that have been provided [to parents who are blind or visually impaired] must be returned to the local school district at the end of the school year [for reuse].

[(i) Publishers that offer electronic instructional materials (e.g., CD-ROMs, DVDs, or Web-based instructional materials) for adoption shall offer these materials in an accessible format in accordance with the technical standards of the Federal Rehabilitation Act, Section 508.]

[(j) Publishers that offer Web-based instructional materials for adoption shall ensure that these materials conform to the Web Content Accessibility Guidelines 2.0, Level AA.]

(k) Adopted instructional materials that are not compliant with the technical standards of the Federal Rehabilitation Act, Section 508, or do not conform to the Web Content Accessibility Guidelines 2.0, Level AA, will be removed from the EMAT system and will not be available for order through the TEA.

(l) Producers that enter into a contract with the TEA for the production and distribution of special [specialized ] instructional materials [material formats] shall provide them [the instructional materials] to students with disabilities at the same time other students in the same school district receive print instructional materials.

§66.1312.Delayed Publisher Payment Option.

(a) A school district or an open-enrollment charter school may requisition and receive state-adopted instructional materials before instructional materials allotment (IMA) funds for those materials are available.

(b) The total cost of delayed-payment-option materials requisitioned by a school district or an open-enrollment charter school may not exceed 80% of the district's or charter school's expected IMA for the subsequent biennium.

(c) When a school district or an open-enrollment charter school submits a requisition for instructional materials under this section, the Texas Education Agency (TEA) will expend a district's or charter school's existing IMA balance before applying the delayed payment option.

(d) The TEA will make payment for any remaining balance for a school district's or an open-enrollment charter school's order under this section as the IMA funds become available.

(e) The TEA will prioritize payment for requisitions under this section over reimbursement of purchases made directly by a school district or an open-enrollment charter school.

(f) Publishers may decline orders for which payments could be delayed. A publisher's decision to decline an order under this section shall affect all of that publisher's orders for which payments could be delayed. Publishers may not selectively decline individual orders or orders from individual school districts or open-enrollment charter schools.

(g) Texas Government Code, Chapter 2251, does not apply to requisitions placed under this section.

(h) Texas Education Code, §31.151, does apply to orders placed under this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700101

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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


CHAPTER 109. BUDGETING, ACCOUNTING, AND AUDITING

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING FINANCIAL ACCOUNTABILITY

19 TAC §109.1001

The Texas Education Agency (TEA) proposes an amendment to §109.1001, concerning financial accountability ratings. The proposed amendment would clarify the financial accountability rating indicators used to determine each school district's and open-enrollment charter school's rating for the 2016-2017 rating year.

Chapter 109, Subchapter AA, establishes provisions that detail the purpose, ratings, types of ratings, criteria, reporting, and sanctions for the financial accountability rating system, in accordance with Senate Bill 218, 77th Texas Legislature, 2001, and House Bill (HB) 3, 81st Texas Legislature, 2009. HB 5, Section 49, 83rd Texas Legislature, Regular Session, 2013, amended the Texas Education Code (TEC), §39.082, requiring that the commissioner of education include in the financial accountability rating system processes for anticipating the future financial solvency of each school district and open-enrollment charter school, including analysis of district and school revenues and expenditures for preceding school years. The TEC, §39.082, also requires the commissioner to adopt rules by which to measure the financial management performance and future financial solvency of a school district or an open-enrollment charter school and sets forth specific requirements relating to indicators adopted by the commissioner and the assignment of ratings.

Section 109.1001 includes the financial accountability rating system and rating worksheets that explain the indicators that the TEA will analyze to assign financial accountability ratings for school districts and open-enrollment charter schools. The rule also specifies the minimum financial accountability rating information that a school district and an open-enrollment charter school is to report to parents and taxpayers in the district.

The proposed amendment would clarify the financial accountability rating indicators used to determine each school district's rating for the 2016-2017 rating year and subsequent years by revising the ratings worksheet calculations in Figure: 19 TAC §109.1001(e)(3). The proposed worksheet, dated December 2016, would differ from the current worksheet, dated August 2015, as follows.

The Determination of School District Rating table would be revised to disclose the point range applicable for each rating for the 2016-2017 School FIRST rating year. The ranges are A = Superior, 90 through 100; B = Above Standard, 80 through 89; C = Meets Standards, 60 through 79; and F = Substandard Achievement, 0 through 59.

Indicator 5 would be revised to amend variable F by removing pension expense from the calculation since the amount is not applicable to the indicator calculation.

Indicator 5 would also be revised by removing the phrases net asset and net assets and replacing them with the phrase net position.

Indicator 10 would be revised by amending variables A, B, and C to specify that the governmental fund that the data is derived from is the General Fund and Debt Service Fund.

Indicator 10 would also be revised by adding the word "Ending" to variable D to disclose that the Debt Service Fund ending fund balance will be used in the calculation.

Finally, Indicator 10 would be revised by amending variable E to specify that the governmental fund that the data is derived from is the General Fund.

The proposed amendment would have no new procedural and reporting implications. The proposed amendment would clarify the worksheet calculations that were implemented beginning with data from fiscal year 2015-2016 to report school district and open-enrollment charter school financial accountability information. TEA staff will continue to generate school district and open-enrollment charter school financial accountability ratings based on data submitted by school districts and open-enrollment charter schools.

The proposed amendment would have no new locally maintained paperwork requirements.

FISCAL NOTE. Leo Lopez, associate commissioner for school finance / chief school finance officer, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment. The proposed amendment would clarify and continue a financial accountability rating system that has been implemented under the requirements of statute since fiscal year 2014-2015 and that is required to continue.

There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC BENEFIT/COST NOTE. Mr. Lopez has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be ensuring that the provisions of the financial accountability rating system align to make the indicators uniform for all school districts and open-enrollment charter schools and providing a fair and equitable rating for all school districts and open-enrollment charter schools. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND MICROBUSINESSES. There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 20, 2017, and ends February 21, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 20, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §39.082, which requires the commissioner to develop and implement a financial accountability rating system for school districts and open-enrollment charter schools, establishes certain requirements, including procedures, to enable the commissioner and administrators to provide meaningful financial oversight and improvement along with transparency to the public, and provides additional requirements and rulemaking authority for the commissioner; and the TEC, §39.085, which provides the commissioner rulemaking authority for the implementation and administration of the financial accountability subchapter of the TEC, Chapter 39.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §39.082 and §39.085.

§109.1001.Financial Accountability Ratings.

(a) - (d) (No change.)

(e) The TEA will base the financial accountability rating of a school district on its overall performance on the financial measurements, ratios, and other indicators established by the commissioner, as shown in the figures provided in this subsection. Financial accountability ratings for a rating year are based on the data from the immediate prior fiscal year.

(1) - (2) (No change.)

(3) The financial accountability rating indicators for rating year 2016-2017 are based on fiscal year 2016 financial data and are provided in the figure in this paragraph entitled "School FIRST - Rating Worksheet Dated December 2016 [August 2015] for rating year 2016-2017." The financial accountability rating indicators for rating years after 2016-2017 will use the same calculation and scoring method provided in the figure in this paragraph.

Figure: 19 TAC §109.1001(e)(3) (.pdf)

[Figure: 19 TAC §109.1001(e)(3)]

(4) (No change.)

(f) - (o) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 9, 2017.

TRD-201700104

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 19, 2017

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