TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 62. COMMISSIONER'S RULES CONCERNING OPTIONS FOR LOCAL REVENUE LEVELS IN EXCESS OF ENTITLEMENT

19 TAC §62.1072

The Texas Education Agency (TEA) adopts an amendment to §62.1072, concerning options and procedures for local revenue in excess of entitlement. The amendment is adopted without changes to the proposed text as published in the November 3, 2023 issue of the Texas Register (48 TexReg 6450) and will not be republished. The amendment adopts as a part of the Texas Administrative Code (TAC) the official TEA publications Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2023-2024 School Year and Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2024-2025 School Year. The manuals contain the processes and procedures that TEA will use in the administration of the provisions of Texas Education Code (TEC), Chapter 49, and the fiscal, procedural, and administrative requirements that school districts subject to TEC, Chapter 49, must meet.

REASONED JUSTIFICATION: The procedures contained in each yearly manual for districts determined to have local revenue in excess of entitlement are adopted as part of the TAC. The intent is to biennially update §62.1072 to refer to the most recently published manuals for the current and upcoming school years. Manuals adopted for previous school years will remain in effect with respect to those school years.

The adopted amendment to §62.1072 adopts in rule the official TEA publications Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2023-2024 School Year as Figure: 19 TAC §62.1072(a) and Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2024-2025 School Year as Figure: 19 TAC §62.1072(b). The section title is updated to reflect the manuals adopted in the rule.

Each school year's options and procedures for districts determined to have local revenue in excess of entitlement explain how districts subject to excess local revenue are identified; the fiscal, procedural, and administrative requirements those districts must meet; and the consequences for not meeting requirements. The options and procedures also provide information on using the online Foundation School Program System to fulfill certain requirements.

The following significant changes are addressed in the updated publications.

In Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2023-2024 School Year, dates were changed throughout the manual, and a new date was added to the calendar to reflect when the agency will provide official notification to districts with local revenue in excess of entitlement after review notification for the 2022-2023 school year in accordance with TEC, §49.0041. Non-substantive, technical edits were also made.

In Options and Procedures for Districts with Local Revenue in Excess of Entitlement 2024-2025 School Year, information related to TEC, §48.278, Equalized Wealth Transition Grant, was removed since the statute expires on September 1, 2024.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began November 3, 2023, and ended December 4, 2023. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §49.006, which authorizes the commissioner of education to adopt rules necessary for the implementation of TEC, Chapter 49, Options for Local Revenue Levels in Excess of Entitlement.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §49.006.

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 January 17, 2024.

TRD-202400147

Cristina De La Fuente-Valdez

Director, Rulemaking

Texas Education Agency

Effective date: February 6, 2024

Proposal publication date: November 3, 2023

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


CHAPTER 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL

SUBCHAPTER AA. TEACHER APPRAISAL

19 TAC §150.1002, §150.1004

The Texas Education Agency (TEA) adopts amendments to §150.1002 and §150.1004, concerning teacher appraisal. The amendment to §150.1002 is adopted without changes to the proposed text as published in the August 11, 2023 issue of the Texas Register (48 TexReg 4377) and will not be republished. The amendment to §150.1004 is adopted with changes to the proposed text as published in the August 11, 2023 issue of the Texas Register (48 TexReg 4377) and will be republished. The adopted amendments allow districts to begin using the Alternate Domain I rubric as part of the Texas Teacher Evaluation and Support System (T-TESS) beginning with the 2024-2025 school year.

REASONED JUSTIFICATION: Section 150.1002 defines the requirements a school district must meet each school year regarding the assessment of teacher performance. Section 150.1004 defines the requirements for a teacher's response and appeal to a written observation summary or any other written documentation related to appraisal ratings.

The adopted amendment to §150.1002 adds language that allows districts to use the Alternate Domain I rubric as part of the T-TESS beginning with the 2024-2025 school year. The adopted amendment to §150.1004 adds language that allows teachers to respond or appeal written documentation for Alternate Domain I ratings. At adoption, a technical edit was made to add a closing parenthesis to §150.1004(a)(2).

The Alternate Domain I rubric was developed to address the shift in teacher responsibilities from lesson planning to lesson internalization. The adopted changes allow districts to use either the current Domain I rubric or the Alternate Domain I rubric to assess teacher performance.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began August 11, 2023, and ended September 11, 2023. Based on public comments received, the public comment period was extended an additional 30 days beginning on October 13, 2023, and ending on November 13, 2023.

Comment: The Texas Classroom Teachers Association, Texas American Federation of Teachers (Texas AFT), and Texas State Teachers Association (TSTA) expressed concern that the Alternate Domain 1 rubric referenced in the proposed rule text was not accessible during the public comment period and requested the proposed rule be republished with a link to the Alternate Domain 1 rubric.

Response: The agency agrees that it would be beneficial for the Alternate Domain 1 rubric to be made accessible during the public comment period. Therefore, the public comment period was extended for an additional 30 days and a link to the Alternate Domain 1 rubric was made available.

Comment: Texas AFT noted additional clarification is needed within the proposed rule regarding when it is appropriate to use the Alternate Domain 1 rubric, including a definition of lesson internalization.

Response: The agency disagrees that the inclusion of a definition and guidance regarding implementation of this requirement are needed within the Texas Administrative Code. All T-TESS appraisers must attend a 3-day certification training to effectively implement all components of the rubric. The agency will continue to provide guidance for implementation of the T-TESS rubric, including the Alternate Domain 1 rubric, via T-TESS trainings and updates on the Teach For Texas website.

Comment: TSTA commented that the proposed rubric included several recommendations made by the development committee but expressed concern that the committee's general sentiment is not reflected in the proposed language.

Response: This comment is outside the scope of the current rule proposal. However, the agency provides the following clarification. The Alternate Domain 1 rubric was developed in response to a shift in practice from teachers designing lessons to teachers internalizing lessons. The current Domain 1 rubric will coexist with the Alternate Domain 1 rubric, providing appraisers and teachers an opportunity to select the rubric that best aligns with the teachers' current responsibilities. Teachers designing lessons should be evaluated with the current Domain 1 rubric, and teachers internalizing lessons should be evaluated with the Alternate Domain 1 rubric. Lesson internalization is not intended as a process to be used solely by teachers of record who have not completed an educator preparation program or had the benefit of high quality field experience.

Comment: A Texas educator preparation program employee questioned the process of lesson internalization and the language used within the Alternate Domain 1 rubric and made suggestions accordingly.

Response: This comment is outside the scope of the current rule proposal.

Comment: A school district administrator expressed appreciation and support for the rule proposal.

Response: The agency agrees that this rule proposal is beneficial and aligns to the shift in teacher responsibilities for lesson preparation.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code, §21.351, which requires the commissioner of education to adopt a state-recommended appraisal process for teachers.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §21.351.

§150.1004.Teacher Response and Appeals.

(a) A teacher may submit a written response or rebuttal at the following times:

(1) for Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title (relating to Assessment of Teacher Performance), after receiving a written observation summary or any other written documentation related to the ratings of those three domains; or

(2) for Domain IV, as identified in §150.1002(a) of this title, and for the performance of teachers' students, as defined in §150.1001(f)(2) of this title (relating to General Provisions), after receiving a written summative annual appraisal report.

(b) Any written response or rebuttal must be submitted within 10 working days of receiving a written observation summary, a written summative annual appraisal report, or any other written documentation associated with the teacher's appraisal. A teacher may not submit a written response or rebuttal to a written summative annual appraisal report for the ratings in Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title, if those ratings are based entirely on observation summaries or written documentation already received by the teacher earlier in the appraisal year for which the teacher already had the opportunity to submit a written response or rebuttal.

(c) A teacher may request a second appraisal by another certified appraiser at the following times:

(1) for Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title, after receiving a written observation summary with which the teacher disagrees; or

(2) for Domain IV, as identified in §150.1002(a) of this title, and for the performance of teachers' students, as defined in §150.1001(f)(2) of this title, after receiving a written summative annual appraisal report with which the teacher disagrees.

(d) The second appraisal must be requested within 10 working days of receiving a written observation summary or a written summative annual appraisal report. A teacher may not request a second appraisal by another certified appraiser in response to a written summative annual appraisal report for the ratings of dimensions in Domain I or Alternate Domain I, Domain II, and Domain III, as identified in §150.1002(a) of this title, if those ratings are based entirely on observation summaries or written documentation already received by the teacher earlier in the appraisal year for which the teacher already had the opportunity to request a second appraisal.

(e) A teacher may be given advance notice of the date or time of a second appraisal, but advance notice is not required.

(f) The second appraiser shall make observations and walk-throughs as necessary to evaluate the dimensions in Domain I or Alternate Domain I, Domain II, and Domain III or shall review the Goal-Setting and Professional Development Plan for evidence of goal attainment and professional development activities, when applicable. Cumulative data may also be used by the second appraiser to evaluate other dimensions.

(g) Each school district shall adopt written procedures for determining the selection of second appraisers. These procedures shall be disseminated to each teacher at the time of employment and updated annually or as needed.

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 January 17, 2024.

TRD-202400146

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: February 6, 2024

Proposal publication date: October 13, 2023

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


CHAPTER 153. SCHOOL DISTRICT PERSONNEL

SUBCHAPTER BB. COMMISSIONER'S RULES CONCERNING PROFESSIONAL DEVELOPMENT

19 TAC §153.1011

The Texas Education Agency (TEA) adopts an amendment to §153.1011, concerning the mentor program allotment. The amendment is adopted with changes to the proposed text as published in the September 8, 2023 issue of the Texas Register (48 TexReg 4976) and will be republished. The adopted amendment modifies the rule to further define the mentor program allotment as governed by Texas Education Code (TEC), Chapter 21.

REASONED JUSTIFICATION: Section 153.1011 describes the requirements for the Mentor Program Allotment, an optional, grant funded program to support mentorship as governed by TEC, §21.458, and detailed in TEC, §48.114. This allotment is for eligible districts that implement a mentorship program in accordance with TEC, §21.458.

The proposed amendment to subsection (a)(1), which would have modified the definition of beginning teacher to a teacher of record, was removed at adoption based on public comment. The definition of a beginning teacher remains a classroom teacher. To provide clarification, the definition of classroom teacher in subsection (a)(2) has also been modified at adoption so that uncertified beginning teachers may also be assigned mentors.

The adopted amendment to subsection (a)(3) extends the definition of a mentor teacher to include individuals who serve or have served as teachers. This change addresses the mentor teacher shortage concerns reported by districts. At adoption, the term "classroom teacher" was changed to "teacher."

New subsection (a)(5) is added at adoption to define a teacher for the purpose of this rule. This addition was in response to public comment to strike the word "classroom" before "teacher" in the definition of mentor teacher in subsection (a)(3). The removal of "classroom" introduces a new term ("teacher"), which needed to be defined.

The adopted amendment to subsection (b)(1) updates the mentor selection requirements for districts. New subsection (b)(1)(A) requires districts to prioritize the selection of current classroom teachers and retain documentation of selection processes in order to ensure that districts are prioritizing the selection of qualified mentors who have the most recent classroom experience.

Adopted new subsection (b)(1)(B) introduces requirements that mentor teachers have instructional expertise in the area the beginning teacher is assigned and have classroom experience in the past three years. These changes ensure that beginning teachers are matched with mentor teachers with recent instructional experience in their content areas.

To alleviate the workload of mentor teachers who currently serve as teachers of record, the adopted amendment to subsection (b)(2)(A) and (B) reduces the average number of hours a mentor must serve as a teacher of record to be assigned a certain number of beginning teachers.

At proposal, new subsection (b)(2)(C) would have allowed mentors who are not currently classroom teachers to be assigned no more than six beginning teachers. Public comment was received suggesting that districts be allowed to determine the number of beginning teachers to be assigned to a mentor. However, TEC, §21.458(b), requires the commissioner to set in rule the number of classroom teachers that may be assigned a mentor. Therefore, at adoption, subsection (b)(2)(C) was modified to specify that no more than 15 beginning teachers may be assigned to a full-time mentor. Full-time mentors who are not currently classroom teachers have more time and flexibility to be able to support more beginning teachers.

The adopted amendment to subsection (b)(5)(A) allows a beginning teacher to observe a highly effective teacher other than their mentor teacher. This change allows beginning teachers opportunities for observation even if their mentor is not a current classroom teacher.

The adopted amendment to subsection (b)(5)(B)(i)(IV) adds lesson internalization to the topics a mentor teacher may address with a beginning teacher. This addition supports mentor and beginning teachers in districts that have adopted high quality instructional materials (HQIM).

The adopted amendment to subsection (c) removes the requirement for the commissioner to adopt a funding formula to determine the amount to which approved districts are entitled. Since this requirement is included in TEC, §48.114, this amendment eliminates redundancy.

The adopted amendment to subsection (d)(1)(B) increases the number of surveys administered from one to no more than two yearly. This provides the agency, mentor training providers, and districts more data points throughout the year to continuously improve the implementation of mentoring programs.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began September 8, 2023, and ended October 9, 2023. Following is a summary of public comments received and agency responses.

Comment: An individual suggested that the proposed rule should include expected, measurable outcomes and financial results.

Response: The agency provides the following clarification. To monitor school district and charter school outcomes, §153.1011(d)(1)(A) and (B) require districts to participate in ongoing verification of compliance with program requirements via a yearly compliance report and surveys. TEA shares with school districts and charter schools survey data as well as guidance on how to analyze and act on the outcomes of the data. The program goals are also included in the Mentor Program Allotment guidelines.

Comment: An individual asked, regarding the qualifications of a mentor teacher, if substitute teaching experience and higher education teaching experience count toward the three years of recent teaching experience.

Response: The agency provides the following clarification. According to TEC, §21.458(b)(3), to serve as a mentor, a teacher must have at least three complete years of teaching experience with a superior record of assisting students, as a whole, in achieving improvement in student performance. TEA has determined that substitute teaching and higher education teaching do not meet this requirement.

Comment: The Texas Classroom Teachers Association (TCTA) questioned the change in the definition of a beginning teacher from a "classroom teacher" to a "teacher of record" in subsection (a)(1). TCTA suggested striking the amendment and reinstating "classroom teacher."

Response: The agency agrees. In review of the enabling statute, TEA has removed the proposed amendment and maintained subsection (a)(1) as it currently exists in rule. Subsection (a)(2) and (a)(2)(A) and (B) have been modified adoption to clarify that a classroom teacher may not yet hold a certificate under TEC, Chapter 21, Subchapter B. The justification of the proposed amendment to subsection (a)(1) was so that uncertified beginning teachers may also be assigned mentors, and these modifications achieve that outcome.

Comment: TCTA disagreed with the change in the definition of a mentor from a "classroom teacher" to "an individual who serves or has served as a classroom teacher" in subsection (a)(3). TCTA suggested striking "or has served as" and striking the word "classroom" before "teacher" in subsection (a)(3). TCTA supported a separate provision and suggested a slight change that would allow part-time teachers, including retirees, to be able to serve as mentors.

Response: The agency agrees with the suggestion to strike the word "classroom" before teacher, and subsection (a)(3) has been modified at adoption by removing the word "classroom" before teacher. In addition, new subsection (a)(6) was added at adoption to define "teacher" given TCTA's suggested revision introduces a new term to this section. The agency disagrees with striking "or has served as" because it extends the definition of the mentor teacher to address mentor teacher shortage concerns reported by school districts.

Comment: TCTA supported the amendment to prioritize the selection of current classroom teachers as mentors using clear selection criteria, protocols, and hiring processes that align with TEC, §21.458.

Response: The agency agrees. Prioritizing the selection of current classroom teachers as mentors ensures that current classroom teachers receive leadership opportunities and beginning teachers receive mentoring on current best instructional practices.

Comment: TCTA suggested changing the criteria for mentor teacher selection in proposed subsection (b)(1)(B)(vi) from experience as a classroom teacher in the past three years to experience as a teacher of record in the past three years.

Response: The agency disagrees. The changes within this section allow for more school district flexibility in the selection of mentor teachers to address reported mentor shortages. However, recent experience as a classroom teacher, as required by subsection (b)(1)(B)(vi) and defined in subsection (a)(3) create some additional assurance for mentor teacher selection. For example, if a mentor is a rehired retired teacher, or works only as a part-time teacher, subsection (b)(1)(B)(vi) would require them to have experience teaching at least four hours per day within the past three years.

Comment: TCTA supported the changes that seek to ensure that the number of teachers to be mentored corresponds to the amount of noninstructional time a mentor teacher has available to engage in mentoring duties.

Response: The agency agrees that this amendment recognizes the importance of consideration of the workload of mentor teachers in making decisions regarding the number of beginning teachers to be assigned a given mentor teacher.

Comment: TCTA supported increasing the number of survey opportunities for beginning teachers and mentors involved in the mentoring program in order for TEA to gain the most accurate understanding of the strengths and weaknesses of the program.

Response: The agency agrees and provides the following clarification. The amendment to increase the number of survey opportunities will also be expanded to include district and campus leadership as well as beginning teachers and mentors.

Comment: The Texas Public Charter Schools Association (TPCSA) and an individual suggested removing the requirement for mentors to have classroom experience within the last three years.

Response: The agency disagrees. Stakeholder input highlighted the importance of recent classroom experience to successfully serve in a mentoring role, especially given the educational disruptions and changes as a result of the COVID-19 pandemic.

Comment: TPCSA suggested removing the requirement for full-time mentors to be assigned no more than six beginning teachers and allowing local school systems to determine the number of beginning teachers that a full-time mentor can support.

Response: The agency provides the following clarification. TEC, §21.458(b), requires the commissioner to establish in rule the number of classroom teachers that may be assigned a mentor. Subsection (b)(2)(C) has been modified at adoption so that school districts may determine the number of beginning teachers assigned to a full-time mentor not to exceed 15 beginning teachers.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §21.458, which allows districts to assign mentor teachers to work with new teachers, provides requirements around mentor program design and delivery, and requires the commissioner to adopt rules necessary to administer this statute; and TEC, §48.114, which provides a mentor program allotment to be used for funding eligible district mentor training programs; outlines permissible uses of mentor program allotment funds, which include mentor teacher stipends, scheduled release time for mentoring activities, and mentor support through providers of mentor training; and requires the commissioner to adopt a formula to determine the amount to which eligible school districts are entitled.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §21.458 and §48.114.

§153.1011.Mentor Program Allotment.

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Beginning teacher--A classroom teacher in Texas who has less than two years of teaching experience in the subject or grade level to which the teacher is assigned.

(2) Classroom teacher--An educator who is employed by a school district in Texas and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical instructional setting. The term does not include a teacher's aide or a full-time administrator. For purposes of this section, a classroom teacher includes an educator who may not yet hold a certificate issued under Texas Education Code (TEC), Chapter 21, Subchapter B.

(3) Mentor teacher--An individual who serves or has served as a teacher in Texas who provides effective support to help beginning teachers successfully transition into the teaching assignment. The term does not include an appraiser as defined by TEC, §21.351.

(4) School district--For the purposes of this section, the definition of school district includes open-enrollment charter schools.

(5) Teacher--A superintendent, principal, supervisor, classroom teacher, school counselor, or other school district employee who provides direct instructional support to other teachers.

(6) Teacher of record--An educator who is employed by a school or district and who teaches in an academic instructional setting or a career and technical instructional setting and is responsible for evaluating student achievement and assigning grades.

(b) Program requirements. In order for a district mentor program to receive funds through the mentor program allotment, as described in TEC, §48.114, the program must be approved by the commissioner of education using the application and approval process described in subsection (c) of this section. To be approved by the commissioner, district mentor programs must comply with TEC, §21.458, and commit to meet the following requirements.

(1) Mentor selection. A district must:

(A) prioritize the selection of current classroom teachers as mentor teachers using clear selection criteria, protocols, and hiring processes that align with requirements of this paragraph and TEC, §21.458, and retain documentation of such processes locally; and

(B) select mentor teachers who:

(i) complete a research-based mentor and induction training program approved by the commissioner;

(ii) complete a mentor training program provided by the district;

(iii) have at least three complete years of teaching experience with a superior record of assisting students, as a whole, in achieving improvement in student performance. Districts may use the master, exemplary, or recognized designations under TEC, §21.3521, to fulfill this requirement;

(iv) demonstrate interpersonal skills, instructional effectiveness, and leadership skills;

(v) have expertise, to the extent practicable, in effective instructional practices specifically for the grade levels and subjects to which the beginning teacher is assigned; and

(vi) have experience as a classroom teacher in the past three years.

(2) Mentor assignment. School districts must agree to assign no more than:

(A) two beginning teachers to a mentor who serves as a teacher of record for, on average, four or more hours per instructional day;

(B) four beginning teachers to a mentor who serves as a teacher of record for, on average, less than four hours per instructional day; or

(C) fifteen beginning teachers to an individual who serves as a full-time mentor.

(3) District mentor training program. A school district must:

(A) provide training to mentor teachers and any appropriate district and campus employees, including principals, assistant principals, and instructional coaches, who work with a beginning teacher or supervise a beginning teacher;

(B) ensure that mentor teachers and any appropriate district and campus employees are trained before the beginning of the school year;

(C) provide supplemental training that includes best mentorship practices to mentor teachers and any appropriate district and campus employees throughout the school year, minimally once per semester; and

(D) provide training for a mentor assigned to a beginning teacher who is hired after the beginning of the school year by the 45th day of employment of the beginning teacher.

(4) District roles and responsibilities. A school district must designate a specific time during the regularly contracted school day for meetings between mentor teachers and the beginning teachers they mentor, which must abide by the mentor and beginning teachers' entitled planning and preparation requirements in TEC, §21.404, and the provisions of paragraph (5)(A) of this subsection.

(5) Meetings between mentors and beginning teachers. A mentor teacher must:

(A) meet with each beginning teacher assigned to the mentor not less than 12 hours each semester, with observations of the mentor teacher or other highly effective teachers by the beginning teacher being mentored or observations of the beginning teacher being mentored by the mentor teacher counting toward the 12 hours each semester; and

(B) address the following topics in mentoring sessions with the beginning teacher being mentored:

(i) orientation to the context, policies, and practices of the school district, including:

(I) campus-wide student culture routines;

(II) district and campus teacher evaluation systems;

(III) campus curriculum and curricular resources, including formative and summative assessments; and

(IV) campus policies and practices related to lesson planning or lesson internalization;

(ii) data-driven instructional practices;

(iii) specific instructional coaching cycles, including coaching regarding conferences between parents and the beginning teacher;

(iv) professional development; and

(v) professional expectations.

(c) Application approval process. The Texas Education Agency (TEA) will provide an application and approval process for school districts to apply for mentor program allotment funding. Funding will be limited based on availability of funds. The application shall address the requirements of TEC, §21.458, and include:

(1) the timeline for application and approval;

(2) approval criteria, including the minimum requirements necessary for an application to be eligible for approval; and

(3) criteria used to determine which districts would be eligible for funding.

(d) Ongoing verification of compliance with program requirements.

(1) Each year, participating districts will be required to submit or participate in a verification of compliance with program requirements through a process to be described in the application form. The verification of compliance will include:

(A) an annual compliance report, submitted by the district, attesting to compliance with authorizing statute and commissioner rule. The report is to include the number of beginning teachers for whom the district used funds received under TEC, §48.114; and

(B) surveys administered not more than twice yearly that may include the district's beginning teachers, mentor teachers, and any appropriate district and campus employees who work with beginning teachers for whom funds were used under TEC, §48.114. The surveys will be used to gather data on program implementation and teacher perceptions.

(2) Failure to comply with TEC, §21.458, and this section after receiving an allotment may result in TEA rescinding eligibility of a district's current or future mentor program allotment funding.

(e) Allowable expenditures. Mentor program allotment funds may only be used for the following:

(1) mentor teacher stipends;

(2) release time for mentor teachers and beginning teachers limited to activities in accordance with this section; and

(3) mentoring support through providers of mentor training.

(f) District mentor program review. School districts awarded mentor program allotment funds must agree to submit all information requested by TEA through periodic activity/progress reports, which will occur at least once per year. Reports will be due no later than 45 calendar days after receipt of the information request and must contain all requested information in the format prescribed by the commissioner.

(g) Final decisions. Commissioner decisions regarding eligibility for mentor program allotment funds are final and appeals to the commissioner regarding such decisions will not be considered.

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 January 17, 2024.

TRD-202400145

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: February 6, 2024

Proposal publication date: September 8, 2023

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