TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER G. APPLY TEXAS ADVISORY COMMITTEE

19 TAC §1.128, §1.130

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 1, Subchapter G, §1.128 and §1.130, concerning the Apply Texas Advisory Committee, without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3852). The intent of the amendment is to add independent institutions of higher education to the Advisory Committee as required by Senate Bill 1813 of the 85th Texas Legislature, Regular Session. The ATAC provides the Board with advice and recommendations regarding the Apply Texas Common Application System.

No comments were received regarding the amendments.

The amendments are adopted under the Texas Education Code, §51.762 which gives the Coordinating Board the authority to adopt rules for the Apply Texas Advisory Committee.

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

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

TRD-201704520

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


CHAPTER 3. RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY

SUBCHAPTER A. ELECTRONIC REPORTING AND AMNESTY FOR STUDENTS REPORTING CERTAIN INCIDENTS

19 TAC §§3.11 - 3.15

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new Chapter 3, Rules Applying to All Public and Private or Independent Institutions of Higher Education in Texas Regarding Electronic Reporting Option for Certain Offenses; Amnesty, Subchapter A, Electronic Reporting and Amnesty for Students Reporting Certain Incidents, §§3.11 - 3.15 concerning electronic reporting of certain incidents and amnesty for students who report such incidents without changes to proposed text as published in the September 22, 2017, issue of the Texas Register (42 TexReg 4933). The intent of the subchapter is to create rules to implement Senate Bill (SB) 968 and SB 969, 85th Texas Legislature, Regular Session, regarding the reporting of sexual harassment, sexual assault, dating violence, or stalking. The new Chapter 3, Subchapter A establishes rules for postsecondary educational institutions to provide an option for enrolled students and employees of the institution to electronically report sexual harassment, sexual assault, dating violence, or stalking to the institution; and to provide amnesty to enrolled students who report incidents of sexual harassment, sexual assault, dating violence, or stalking. The new rules will affect students enrolling in higher education during the 2018 spring semester.

Two public comments were received concerning these new rules.

Comment: The law firm of Guenther, Jordan & Price, representing a private institution of higher education in Texas, commented, in effect, on the statute and did not directly address the proposed rules. The firm commented on Texas Education Code (TEC) §51.9363, which requires each postsecondary educational institution to adopt a policy, approved by its governing board, on sexual assault applicable to students and employees of the institution. The firm stated that most institutions already have such policies in place. The firm questioned whether an institutional website may contain only state-mandated policies, or if it may contain other Title IX information.

The firm commented on TEC §51.9365(a) and §51.9366(a), which establish definitions for dating violence, sexual assault, sexual harassment, and stalking, stating that institutions already have multiple sets of such definitions to accommodate.

The firm commented on TEC §51.9365(c), which mandates that the electronic reporting option provided under the law must enable a student or employee to report the alleged offense anonymously. The firm objects, saying that forcing universities to allow anonymous reporting by employees is contrary to the best employment practices encouraged by the Equal Employment Opportunity Commission, the courts, and legal advisors.

The firm commented on TEC §51.9366(b), which requires an institution to provide amnesty to any student who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking. The law firm suggested that the rules should limit the amnesty for witnesses to persons who voluntarily approach the university to make a report of a sexual assault before themselves coming under investigation for a disciplinary violation.

Staff response: Staff took no action as a result of this comment because the proposed rules largely mirror the statutory language. Statutory change would require legislative action.

Comment: The University of North Texas (UNT) System commented on the definitions in the rules. The UNT System objected to the proposed definition of sexual harassment found in proposed rule 3.13(d), saying that it creates separate standards for sexual harassment for employees and students.

Staff response: Staff took no action as a result of this comment because the proposed rules largely mirror the statutory language. Statutory change would require legislative action.

The new rules are adopted under the Texas Education Code, Chapter 51, §51.9365 and §51.9366, which authorize the Texas Higher Education Coordinating Board to adopt rules necessary to administer the section.

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 November 9, 2017.

TRD-201704521

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: September 22, 2017

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


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

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §4.11

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 4, Subchapter A, §4.11 concerning the Common Admission Application Forms, without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3853). The intent of the amendments is to establish high school counselors as stakeholders and require the Coordinating Board to seek advice and recommendation(s) from high school counselor representatives regarding the state common application and Apply Texas System as required by Senate Bill 1813, 85th Texas Legislature, Regular Session. Specifically, the amendments to this section add language for the Coordinating Board to seek advice and recommendation(s) from high school counselor representatives of diverse Texas public school districts regarding the common application and Apply Texas System.

No comments were received regarding the amendments.

The amendments are adopted under the Texas Education Code, §51.762 which gives the Coordinating Board the authority to adopt rules for the Common Admission Application Forms.

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 November 9, 2017.

TRD-201704522

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


CHAPTER 9. PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES

SUBCHAPTER B. GENERAL PROVISIONS

19 TAC §9.22

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §9.22, concerning required curriculum for commercial driver license programs without changes to proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3854). The intent of the amendments was to meet the requirements of House Bill 29 and Senate Bill 128 passed during the 85th Texas Legislative Session. The acts require each public junior college that offers a commercial driver license program to include training on the recognition and prevention of human trafficking established by the Coordinating Board in collaboration with the office of the attorney general.

No comments were received regarding these amendments.

The amendments were adopted under the Texas Education Code, Chapter 130, Subchapter A, §130.0105, which requires the Coordinating Board to adopt rules requiring public community colleges to include training on the recognition and prevention of human trafficking.

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 November 9, 2017.

TRD-201704523

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


19 TAC §9.32

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §9.32, concerning required curriculum for commercial driver license programs without changes to proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3854). The intent of the new section was to meet the requirements of House Bill 29 and Senate Bill 128 passed during the 85th Texas Legislative Session. The acts require each public junior college that offers a commercial driver license program to include training on the recognition and prevention of human trafficking established by the Coordinating Board in collaboration with the office of the attorney general.

No comments were received regarding this new section.

The new section was adopted under the Texas Education Code, Chapter 130, Subchapter A, §130.0105, which requires the Coordinating Board to adopt rules requiring public community colleges to include training on the recognition and prevention of human trafficking.

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 November 9, 2017.

TRD-201704524

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


SUBCHAPTER K. TECH-PREP PROGRAMS AND CONSORTIA

19 TAC §§9.201 - 9.206

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of §§9.201 - 9.206, concerning Tech-Prep Programs, Consortia, State Administration of Tech-Prep, Consortium Responsibilities, and Evaluation of Tech-Prep Programs and Consortia without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 Tex Reg 3855). These rules were originally adopted in 2006. In 2011, Title II of the Federal Carl D. Perkins Program, which provided funding for Tech Prep programs, did not receive funding for Fiscal Year (FY) 2012, or thereafter. As a result, all Tech-Prep consortium in Texas closed on August 31, 2011. The Texas State Plan was updated in 2012 to reflect the closure of the Tech-Prep consortium.

No comments were received regarding the repeal of these rules.

The repeal of these rules was in response to a provision enacted by the 85th Texas Legislature, Regular Session (S.B. 22), which eliminates reference to tech-prep programs in statutes by repealing Texas Education Code (TEC) §29.185(b) and TEC Chapter 61, Subchapter T.

The repeal affects Texas Education Code (TEC) §29.185(b) and TEC Chapter 61, Subchapter T.

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 November 9, 2017.

TRD-201704525

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


CHAPTER 13. FINANCIAL PLANNING

SUBCHAPTER F. FORMULA FUNDING AND TUITION CHARGES FOR REPEATED AND EXCESS HOURS OF UNDERGRADUATE STUDENTS

19 TAC §13.102, §13.107

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §13.102 and §13.107, concerning definitions and formula funding for excess hours of developmental courses and interventions, without changes to the proposed text as published in the September 22, 2017, issue of the Texas Register (42 TexReg 4935). Specifically, the proposed amendment to §13.102 replaces the term English as a Second Language (ESL) with English for speakers of other languages (ESOL) in order to make all references to these courses consistent throughout the Chapter. This change reflects the language used in House Bill 2223, 85th Texas Legislature, Regular Session, which refers to this type of coursework as English for speakers of other languages. Specifically, the proposed amendment to §13.107 reflects changes per House Bill 2223, 85th Texas Legislature, Regular Session, which incorporates Texas Education Code §51.340 and modifies the number of hours allowed to be conserved in formula funding. The updated language in §13.107 clarifies that an institution may only submit for formula funding a maximum of 9 semester credit hours (SCH) at general academic teaching institutions (GAIs) or 18 SCH at public community colleges, public technical institutes, or public state colleges (CTCs) of developmental education coursework if none of those hours are in ESOL. Institutions may report for funding up to 18 SCH of developmental education at GAIs or 27 SCH of developmental education at CTCs if 9 or more of those hours are in ESOL courses and/or interventions. The amendment also allows GAIs to report for funding students in an ESOL course or intervention if they meet certain conditions outlined in the rule.

There were no comments received regarding the amendments to §13.102 and §13.107.

The amendments are adopted under the Texas Education Code, §51.340, which gives the Coordinating Board the authority to adopt rules concerning definitions and formula funding for excess hours of developmental courses and interventions.

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 November 9, 2017.

TRD-201704527

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: September 22, 2017

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


SUBCHAPTER J. TEXAS FUND FOR GEOGRAPHY EDUCATION

19 TAC §13.184

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 13, Financial Planning, Subchapter J, Texas Fund for Geography Education, §13.184, concerning the Advisory Committee without changes to proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3856). The intent of the amendments is to align the rule to statute. The statute in Texas Education Code, §§61.9681 - 61.9684, does not include the requirement that at least one member of the selection committee be a representative of the Texas Geographic Alliance.

No comments were received regarding these amendments.

The amendments are adopted under the Texas Education Code, Chapter 28, §28.009(b) and Chapter 130, §130.001(b)(3) - (4), which provides the Coordinating Board with the authority to adopt rules to administer the section.

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 November 9, 2017.

TRD-201704530

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


CHAPTER 21. STUDENT SERVICES

SUBCHAPTER Y. STUDENT LOAN DEFAULT PREVENTION AND FINANCIAL AID LITERACY PILOT PROGRAM

19 TAC §§21.760 - 21.766

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of §§21.760 - 21.766 concerning the Student Loan Default Prevention and Financial Aid Literacy Pilot Program, without changes to the proposed text as published in the August 4, 2017 issue of the Texas Register (42 TexReg 3857). Senate Bill 1799, 85th Texas Legislature, Regular Session amended current law relating to the student loan default prevention and financial aid literacy pilot program. Rulemaking authority previously granted to the Coordinating Board in Texas Education Code (TEC), §61.0763 has been rescinded, and has been transferred to Texas Guaranteed Student Loan Corporation.

No comments were received regarding the repeal.

The repeal is adopted under Texas Education Code §61.0763(e) which authorizes the Coordinating Board to adopt rules for the administration of the Student Loan Default Prevention and Financial Aid Literacy Pilot Program.

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

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

TRD-201704531

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §§22.24, 22.25, 22.29

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter B, §§22.24, 22.25, and 22.29, concerning the Provisions for the Tuition Equalization Grant (TEG) Program, without changes to the proposed text as published in the August 11, 2017, issue of the Texas Register (42 TexReg 3950). The proposed amendments to these sections strikes references to non-resident students (eligible to pay in-state tuition) who are National Merit finalists, as these students are no longer eligible to receive awards through the TEG program. These amendments will align program rules with the new provisions enacted by General Appropriations Act, Senate Bill 1, Article III, §10, 85th Texas Legislature, Regular Session.

No comments were received regarding the amendments.

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

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

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

TRD-201704532

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 11, 2017

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


SUBCHAPTER I. TEXAS ARMED SERVICES SCHOLARSHIP PROGRAM

19 TAC §§22.166, 22.167, 22.169, 22.170

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter I, §§22.166, 22.167, 22.169 and 22.170 of the Board rules concerning the Texas Armed Services Scholarship Program, without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4082). The amendments to §22.166(a) and new subsection (e) allow for the appointment of alternate nominees and, if an appointee fails to qualify for an initial award, requires the Coordinating Board to notify the alternate nominee. Amendments in §§22.167, 22.169, and 22.170 extend eligibility to students who are enrolled in other undergraduate officer commissioning programs, in addition to those enrolled in ROTC. Updates reflecting this change have been made throughout these rules. Two references to outdated administrative code section numbers have been updated accordingly.

No comments were received regarding the amendments.

The amendments are adopted under Texas Education Code §61.9774 which authorizes the Coordinating Board to adopt rules for the administration of the Texas Armed Services Scholarship Program.

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

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

TRD-201704533

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 18, 2017

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


SUBCHAPTER Z. EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM FOR STUDENTS GRADUATING HIGH SCHOOL ON OR BEFORE JUNE 20, 2011

19 TAC §§22.699 - 22.709

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter Z, §§22.699 - 22.709 concerning the Early High School Graduation Scholarship Program for Students Graduating High School on or before June 20, 2011, without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3857). No funds have been appropriated for this program since the 2010 - 2011 biennium.

No comments were received regarding the repeal.

The repeal is adopted under Texas Education Code §56.209 which authorizes the Coordinating Board to adopt rules for the administration of the Early High School Graduation Scholarship Program.

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

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

TRD-201704534

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS

SUBCHAPTER G. NURSING FACULTY LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §23.186, §23.193

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 23, Subchapter G, §23.186 and §23.193, concerning the Nursing Faculty Loan Repayment Assistance Program, without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4083). The amendment to §23.186(a) updates the Texas Education Code subchapter which was redesignated from Chapter 61, Subchapter II, to Subchapter JJ in 2015 (Senate Bill 1296, 84th Texas Legislature). The amendment to §23.193(3) adds language to indicate that legislative appropriations may be used to provide loan repayments in accordance with the General Appropriations Act, SB 1, Article III, §42, 85th Texas Legislature, Regular Session. Currently, program funding is limited to gifts, grants, and donations and/or funds that have been reallocated from the Physician Education Loan Repayment Program account.

No comments were received regarding the amendments.

The amended rules are adopted under Texas Education Code §61.9828, which authorizes the Coordinating Board to adopt rules for the administration of the Nursing Faculty Loan Repayment Assistance Program.

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

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

TRD-201704535

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 18, 2017

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


SUBCHAPTER H. EDUCATIONAL LOAN REPAYMENT PROGRAM FOR ATTORNEYS EMPLOYED BY THE OFFICE OF THE ATTORNEY GENERAL

19 TAC §§23.217 - 23.223

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 23, Subchapter H, §§23.217 - 23.223 concerning the Educational Loan Repayment Program for Attorneys Employed by the Office of the Attorney General, without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3858). No funds have been appropriated for this program since the 2014 - 2015 biennium.

No comments were received regarding the repeal of these rules.

The repeal is adopted under Texas Education Code §61.9729 which authorizes the Coordinating Board to adopt rules for the administration of Repayment of Certain Education Loans Owed by Certain State Attorneys.

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 November 9, 2017.

TRD-201704536

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


SUBCHAPTER I. LOAN REPAYMENT PROGRAM FOR SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

19 TAC §§23.248 - 23.255

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 23, Subchapter I, §§23.248 - 23.255, concerning the Loan Repayment Program for Speech-Language Pathologists and Audiologists, without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3858). No funds have been appropriated for this program since the 2010-2011 biennium.

No comments were received regarding the repeal of these rules.

The repeal is adopted under Texas Education Code §61.9819 which authorizes the Coordinating Board to adopt rules for the administration of Repayment of Certain Speech-Language Pathologist and Audiologist Education Loans.

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 November 9, 2017.

TRD-201704537

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


CHAPTER 25. OPTIONAL RETIREMENT PROGRAM

SUBCHAPTER A. OPTIONAL RETIREMENT PROGRAM

19 TAC §25.4

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 25, Subchapter A, §25.4, concerning the Optional Retirement Program, without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4084). The intent of the amendments is to incorporate into existing rules changes and provisions enacted by SB 1954, 85th Texas Legislature, Regular Session. The Board adopted the amendments on an emergency basis at the July 2017 meeting. The amendments were then posted for a 30-day comment period as part of the regular rule-making process and is now being proposed for adoption.

The amendments to this section strikes current provisions regarding the extension of an ORP-eligible employee's 90-day ORP Election Period when an institution fails to notify the employee of his or her eligibility to elect ORP on a timely basis. The amendments incorporate provisions regarding the extension enacted by SB 1954, 85th Texas Legislature, Regular Session.

No comments were received regarding the amendments.

The amended section is adopted under Texas Education Code, §61.027, which provides the Coordinating Board with general rule-making authority and Texas Government Code, §830.002(c), which provides the Coordinating Board with authority to develop policies, practices, and procedures to provide greater uniformity in the administration of ORP.

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 November 9, 2017.

TRD-201704538

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 18, 2017

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


CHAPTER 27. FIELDS OF STUDY

SUBCHAPTER R. FINANCE FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.441 - 27.447

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new Chapter 27, Subchapter R, §§27.441 - 27.447 concerning Finance Field of Study Advisory Committee without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3859). These new rules authorize the Board to create an advisory committee to develop a Finance field of study. The newly added rules will affect students when the finance field of study is adopted by the Board.

No comments were received regarding these new rules.

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

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

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

TRD-201704539

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


SUBCHAPTER S. MARKETING FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.461 - 27.467

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new Chapter 27, Subchapter S, §§27.461 - 27.467 concerning Marketing Field of Study Advisory Committee without changes to the proposed text as published in the August 4, 2017 issue of the Texas Register (42 TexReg 3860). These new rules authorize the Board to create an advisory committee to develop a Marketing field of study. The newly added rules will affect students when the marketing field of study is adopted by the Board.

No comments were received regarding the new rules.

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

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

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

TRD-201704540

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


SUBCHAPTER T. ENGLISH LANGUAGE AND LITERATURE FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.481 - 27.487

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new Chapter 27, Subchapter T, §§27.481 - 27.487, concerning English Language and Literature Field of Study Advisory Committee without changes to proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3861). The new rules authorize the Board to create an advisory committee to develop an English Language and Literature field of study. The newly added rules will affect students when the English language and literature field of study is adopted by the Board.

No comments were received.

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

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

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

TRD-201704541

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


SUBCHAPTER U. HISTORY FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.501 - 27.507

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new Chapter 27, Subchapter U, §§27.501 - 27.507, concerning History Field of Study Advisory Committee without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3862). The new rules authorize the Board to create an advisory committee to develop a History field of study. The newly added rules will affect students when the history field of study is adopted by the Board.

No comments were received regarding these new rules.

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

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

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

TRD-201704543

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


SUBCHAPTER V. POLITICAL SCIENCE AND GOVERNMENT FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.521 - 27.527

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new Chapter 27, Subchapter V, §§27.521 - 27.527 concerning Political Science and Government Field of Study Advisory Committee without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3863). The new rules authorize the Board to create an advisory committee to develop a Political Science and Government field of study. The newly added rules will affect students when the political science and government field of study is adopted by the Board.

No comments were received regarding the new rules.

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

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

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

TRD-201704544

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


SUBCHAPTER W. SOCIAL WORK FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.541 - 27.547

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new Chapter 27, Subchapter W, §§27.541 - 27.547 concerning Social Work Field of Study Advisory Committee without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3864). The new rules authorize the Board to create an advisory committee to develop a Social Work field of study. The newly added rules will affect students when the social work field of study is adopted by the Board.

No comments were received regarding these new rules.

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

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

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

TRD-201704545

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 29, 2017

Proposal publication date: August 4, 2017

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


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 153. SCHOOL DISTRICT PERSONNEL

SUBCHAPTER DD. CRIMINAL HISTORY RECORD INFORMATION REVIEW

19 TAC §153.1117

The Texas Education Agency adopts the repeal of §153.1117, concerning criminal history record information review. The repeal is adopted without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4401) and will not be republished. The adopted repeal is necessary since House Bill (HB) 3270, 85th Texas Legislature, 2017, specifies criminal history record information review of certain school contractor employees in statute, rendering the provisions in 19 TAC §153.1117 redundant and obsolete.

REASONED JUSTIFICATION. Senate Bill 9, 80th Texas Legislature, 2007, added the Texas Education Code, (TEC), §22.0834, which required the criminal history record information review of certain contract employees. To implement this requirement the commissioner exercised rulemaking authority by adopting rules in 19 TAC Chapter 153, School District Personnel, Subchapter DD, Criminal History Record Information Review.

HB 3270, 85th Texas Legislature, Regular Session, 2017, added new TEC, §22.08341, which specifies the requirements for criminal history record information review of certain school contractor employees and conflicts with the provisions in 19 TAC §153.1117. As a result, the repeal of §153.1117 is necessary to remove redundant and obsolete provisions. Other provisions of 19 TAC §153.1117 are repealed because they are unnecessary reiterations of requirements already codified elsewhere in statute or other rules.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began August 25, 2017, and ended September 25, 2017. No public comments were received.

STATUTORY AUTHORITY. The repeal is adopted under the Texas Education Code (TEC), §22.0834, as amended by House Bill (HB) 3270, 85th Texas Legislature, Regular Session, 2017, which exempts contracting entities, subcontracting entities, and persons subject to TEC, §22.08341, from the requirement to submit information to the Texas Education Agency for a criminal history background check prior to employment; and TEC, §22.08341, as added by HB 3270, 85th Texas Legislature, Regular Session, 2017, which sets out the requirements for contracting entities and subcontracting entities to conduct criminal history background checks on their employees working in public school instructional facilities.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code (TEC), §22.0834, as amended by House Bill (HB) 3270, 85th Texas Legislature, Regular Session, 2017; and TEC, §22.08341, as added by HB 3270, 85th Texas Legislature, Regular Session, 2017.

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 November 9, 2017.

TRD-201704546

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 29, 2017

Proposal publication date: September 1, 2017

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