TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 103. HEALTH AND SAFETY

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING SAFE SCHOOLS

19 TAC §103.1205

The Texas Education Agency (TEA) adopts new §103.1205, concerning school safety and discipline. The new section is adopted without changes to the proposed text as published in the October 20, 2017 issue of the Texas Register (42 TexReg 5834) and will not be republished. The adopted new rule establishes criteria for participation in a pilot program for alternative disciplinary placement in accordance with House Bill (HB) 156, 85th Texas Legislature, Regular Session, 2017.

REASONED JUSTIFICATION. The Texas Education Code (TEC), §37.031, as added by HB 156, 85th Texas Legislature, Regular Session, 2017, establishes a pilot program for placement of high school students in Junior Reserve Officers Training Corps (JROTC) programs as an alternative to placement in disciplinary alternative education programs (DAEPs) or juvenile justice alternative education programs (JJAEPs). The statute requires the TEA to designate not more than two high schools that meet certain criteria, as specified in the TEC, §37.031(b), to participate in the pilot program. The statute also requires the commissioner to adopt by rule additional criteria that promote positive student educational outcomes for the agency to use in making designations for participation in the pilot program.

Adopted new §103.1205 implements the TEC, §37.031, by adopting in rule additional criteria that the TEA will use in making designations for the JROTC pilot program. The rule also specifies that schools participating in the pilot program must follow the minimum standards and best practices for truancy prevention measures as outlined in the TEC, §25.0915, and comply with the data reporting required under the TEC, §37.020(d).

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began October 20, 2017, and ended November 20, 2017. No public comments were received.

STATUTORY AUTHORITY. The new rule is adopted under the Texas Education Code (TEC), §37.031(c), as added by House Bill (HB) 156, 85th Texas Legislature, Regular Session, 2017, which requires the commissioner to adopt additional criteria that promote positive student educational outcomes for use in making designations of not more than two high schools for the Junior Reserve Officers Training Corps (JROTC) pilot program; TEC, §37.020(d), as amended by HB 156, 85th Texas Legislature, Regular Session, 2017, which requires districts who place students in a JROTC program to report information on each placement; and TEC, §25.0915, which establishes truancy prevention measures for districts to implement to address student conduct related to truancy.

CROSS REFERENCE TO STATUTE. The new rule implements the Texas Education Code, §§37.031(c), as added by House Bill (HB) 156, 85th Texas Legislature, Regular Session, 2017; 37.020(d), as amended by HB 156, 85th Texas Legislature, Regular Session, 2017; and 25.0915.

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

Filed with the Office of the Secretary of State on December 19, 2017.

TRD-201705257

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: January 8, 2018

Proposal publication date: October 20, 2017

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