TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER A. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter A, §1.1, concerning Dates for Regular Quarterly Meetings of the Board. Specifically, this amendment will streamline and clarify Board meeting requirements.

Texas Education Code, §61.027 provides the Coordinating Board with general rule making authority.

Rule 1.1, Dates for Regular Quarterly Meetings of the Board, is amended to allow the chair to change a meeting date at a time other than a quarterly meeting.

Doug Brock, General Counsel, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Doug Brock, General Counsel, 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 the section will be to streamline and clarify the Board meeting requirements. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Doug Brock, General Counsel, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt rules.

The proposed amendment affects Texas Education Code, Section 61.027.

§1.1. Dates for Regular Quarterly Meetings of the Board.

Regular [quarterly] meetings of the [Coordinating] Board[, hereinafter referred to as the Board,] shall [will] be held on a quarterly basis. [in January, April, July, and October,] The chair may [with the understanding that the chair may at a regular quarterly meeting,] alter the date of a [subsequent] meeting.

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 June 26, 2026.

TRD-202602632

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6271

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter A, §1.4, concerning Rules of Order. Specifically, this repeal will align the rule to current practice and remove a requirement from rule that is more appropriate as an operating procedure.

Texas Education Code, §61.027, provides the Coordinating Board with general rule making authority.

Rule 1.4, Rules of Order, repeals a requirement that meetings are conducted using Robert's Rules of Order.

Doug Brock, General Counsel, has determined that for each of the first five years the sections are in effect would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Doug Brock, 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 the section will be to align the rule to current practice and remove a requirement from rule that is more appropriate as an operating procedure. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Doug Brock, General Counsel, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to make rules.

The proposed repeal affects Texas Education Code, Section 61.027.

§1.4. Rules of Order.

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 June 26, 2026.

TRD-202602633

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6271

SUBCHAPTER B. DISPUTE RESOLUTION

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter B, §§1.20 - 1.27, 1.30, 1.32 - 1.35, 1.40 - 1.48, and 1.60 - 1.67, concerning Dispute Resolution. Specifically, this repeal will allow for new, clearer, and better organized rules to be adopted.

Texas Education Code, §61.027, provides the Coordinating Board with general rule making authority.

Rules 1.20 - 1.27, 1.30, 1.32 - 1.35, 1.40 - 1.48, and 1.60 - 1.67, Dispute Resolution, will be repealed and replaced with new rules.

Doug Brock, General Counsel, has determined that for each of the first five years the sections are in effect would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Doug Brock, 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 the sections will be to replace the rules with a reorganized and clarified subchapter. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Doug Brock, General Counsel, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to make rules.

The proposed repeal affects Texas Education Code, Section 61.027.

§1.20. Definitions.

§1.21. Scope and Purpose.

§1.22. Appointment of ADR Coordinator.

§1.23. Deadlines for Filing a Petition for Contested Case Status.

§1.24. Mandatory Contents of a Petition for Contested Case Status.

§1.25. Service of a Petition for Contested Case Status.

§1.26. Agency Determination Regarding Contested Case Status.

§1.27. Referral to ADR Coordinator.

§1.30. General Principles of Alternative Dispute Resolution.

§1.32. Selection of a Neutral Third Party.

§1.33. Developing Mediators within the Agency.

§1.34. Negotiated Settlements Must be in Writing.

§1.35. Partial Settlements through ADR.

§1.40. Agency Management of Contract Disputes.

§1.41. Definitions.

§1.42. Board Counterclaims.

§1.43. Request for Voluntary Disclosure of Additional Information.

§1.44. Duty to Negotiate.

§1.45. Negotiation Timetable.

§1.46. Conduct of Negotiations.

§1.47. Settlement Agreement.

§1.48. Request for Contested Case Hearing.

§1.60. State Office of Administrative Hearings.

§1.61. Classification of Parties.

§1.62. Notice of Hearing.

§1.63. Proposed Findings of Fact and Conclusions of Law.

§1.64. Default.

§1.65. Exceptions to Proposal for Decision.

§1.66. Board Meeting to Consider Proposal for Decision.

§1.67. Motion for Rehearing.

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 June 26, 2026.

TRD-202602635

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6271

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter B, §§1.20 - 1.35, concerning Dispute Resolution. Specifically, this new subchapter will update, clarify, and reorganize the dispute resolution rules.

Texas Education Code, §61.027, provides the Coordinating Board with general rule making authority.

Rules 1.20 - 1.35, Dispute Resolution, will replace rules that are being repealed.

Doug Brock, General Counsel, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Doug Brock, General Counsel, 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 the sections will be to update, clarify, and reorganize the dispute resolution rules. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Doug Brock, General Counsel, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new sections are proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to make rules.

The proposed new sections affect Texas Education Code, Section 61.027.

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 June 26, 2026.

TRD-202602634

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6271

SUBCHAPTER G. APPLY TEXAS ADVISORY COMMITTEE

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter G, §1.134, concerning Report to the Board. Specifically, this amendment will eliminate an unnecessary requirement imposed on the committee that is an agency-level duty.

Texas Education Code, §61.027, provides the Coordinating Board with general rule making authority and Texas Education Code, §51.762 addresses Apply Texas.

Rule 1.134, Report to the Board, is amended to remove an unnecessary requirement.

Brandon Griggs, Assistant Commissioner for College and Career Advising, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Brandon Griggs, Assistant Commissioner for College and Career Advising, 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 the section will be to eliminate an unnecessary requirement not mandated by statute. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Brandon Griggs, Assistant Commissioner for College and Career Advising, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt rules.

The proposed amendment affects Texas Education Code, Section 51.762.

§1.134. Report to the Board.

The co-chairs shall annually report any recommendations to the Board at a Board meeting determined in consultation with Board staff. [They shall also provide an annual report to the Board to allow it to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.]

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 June 26, 2026.

TRD-202602636

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER I. FAMILY PRACTICE RESIDENCY ADVISORY COMMITTEE

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter I, §1.148, concerning Report to the Board; Evaluation of Committee Costs and Effectiveness. Specifically, this amendment will eliminate an unnecessary requirement imposed on the committee that is an agency-level duty.

Texas Education Code, §61.505 establishes the Family Practice Residency Advisory Committee.

Rule 1.148, Report to the Board; Evaluation of Committee Costs and Effectiveness, will be amended to remove an unnecessary requirement.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, 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 the section will be to eliminate an unnecessary requirement not mandated by statute. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to, Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt rules and Texas Education Code, Section 61.505, which establishes the Family Practice Residency Advisory Committee.

The proposed amendment affects Texas Education Code, Section 61.505.

§1.148. Report to the Board[; Evaluation of Committee Costs and Effectiveness].

The committee [chairperson] shall report any recommendations to the Board on [no less than] an annual basis. [The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.]

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 June 26, 2026.

TRD-202602637

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6299

SUBCHAPTER J. FINANCIAL AID ADVISORY COMMITTEE

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter J, §1.149 and §§1.153 - 1.155, concerning Financial Aid Advisory Committee. Specifically, these amendments will reduce the scope of the advisory committee to more closely align with its original intent.

The Coordinating Board is authorized by Texas Education Code, §61.0776, to adopt rules relating to the Financial Aid Advisory Committee.

In reviewing its operations for efficiency and statutory alignment, the Coordinating Board identified activities associated with the Financial Aid Advisory Committee that are discretionary in nature, outside the committee's scope as prescribed in Texas Education Code, §61.0776, and which require substantial administrative resources to maintain. The proposed amendments are intended to promote administrative efficiency by re-aligning the committee's scope and activities with its initial intent, as described in statute.

Rule 1.149, Authority and Specific Purposes of the Financial Aid Advisory Committee, is amended by repealing subsection (b)(2), which describes purposes for the advisory committee that are supplementary to those described in its statute.

Rule 1.153, Meetings, is amended to establish meetings of the advisory committee to be as necessary, subject to the call of the presiding officer. This allows the committee, which currently meets quarterly in accordance with existing rule, to meet when there is a need to advise the Coordinating Board on matters within its scope, promoting efficiency by more clearly connecting the committee's benefits to the agency with the resources required to support its activities.

Rule 1.154, Tasks Assigned to the Committee, is amended by repealing subsection (b), which describes committee tasks that are supplementary to those described in its statute.

Rule 1.155, Report to the Board; Evaluation of Committee Costs and Effectiveness, is amended to limit the scope of the committee's required reporting to its recommendations. Reporting on costs and effectiveness, which are described in Texas Government Code, §2110.006 and §2110.007, are requirements of the Coordinating Board, not the committee itself, and accordingly are removed from the rules governing the committee.

Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, 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 the sections will be the improved efficiency by restoring the advisory committee to its intended scope. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code, Section 61.0776, which provides the Coordinating Board with the authority to adopt rules relating to the Financial Aid Advisory Committee.

The proposed amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter J.

§1.149. Authority and Specific Purposes of the Financial Aid Advisory Committee.

(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §61.0776, and the Texas Government Code, Chapter 2110, §2110.0012.

(b) Purpose. [Purposes.]

[(1)] The Financial Aid Advisory Committee is created to provide the Board with advice and recommendations regarding the development, implementation, and evaluation of state financial aid programs for college students. In this capacity, it is also to assist staff in the development of training materials for use by the Center for Financial Aid Information and others in informing students, parents, secondary education counselors, college personnel, members of appropriate community-based organizations, and others about financial aid opportunities for Texas students, including eligibility requirements and procedures for applying for financial aid.

§1.153. Meetings.

The committee shall meet as necessary, subject to the call of the presiding officer. [on a quarterly basis. Special meetings may be called as deemed appropriate by the presiding officer.] Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by Coordinating [the] Board staff and reviewed by members of the committee.

§1.154. Tasks Assigned to the Committee.

[(a)] Tasks assigned the committee include providing the agency with guidance and advice to:

(1) develop a comprehensive financial aid training program for public school counselors, employees of student financial aid offices of public institutions and private or independent institutions of higher education, members of appropriate community-based organizations, and other appropriate persons;

(2) teach methods to enable persons receiving training to effectively communicate financial aid information to students, parents and others;

(3) support and promote the dissemination of financial aid information, including eligibility requirements and procedures for applying for financial aid, to students, parents and others; and

(4) publicize training and make it easily available to public school counselors and other appropriate persons across the state.

§1.155. Report to the Board[; Evaluation of Committee Costs and Effectiveness].

The presiding officer [committee chairperson] shall report any recommendations to the Board annually. [on no less than an annual basis. The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.]

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 June 26, 2026.

TRD-202602638

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER L. FORMULA ADVISORY COMMITTEE - GENERAL ACADEMIC INSTITUTIONS, TECHNICAL COLLEGES, AND STATE COLLEGES

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter L, §1.165, and §1.170 concerning Formula Advisory Committee - General Academic Institutions, Technical Colleges, and State Colleges. Specifically, this amendment will add Sam Houston Polytechnic to the list of Public State Colleges as recorded in §1.165(4) and eliminate an unnecessary requirement in §1.170 not mandated by statute.

Texas Education Code, §61.059(b), and (b-1), authorizes the Coordinating Board to adopt rules in this subchapter.

Rule 1.165, Definitions, is amended to add Sam Houston Polytechnic to the list of extant public state colleges and to make grammatical changes to update Texas Register requirements.

Rule 1.170, Report to the Board; Evaluation of Committee Costs and Effectiveness, is amended to remove an unnecessary requirement.

Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, 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 the sections will be the implementation of House Bill 3204, 89th Texas Legislature, Regular Session, by adding Sam Houston Polytechnic to the list of extant public state colleges and the elimination of an unnecessary requirement not required by statute. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Andy.MacLaurin@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under House Bill 3204, 89th Texas Legislature, Regular Session and Texas Education Code, Section 61.059.

The proposed amendment affects Texas Education Code, Chapter 1, Subchapter L and Texas Education Code, Section 61.059.

§1.165. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings:

(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

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

(3) Interested Persons [persons]--Persons who attend committee meetings as representatives of stakeholder entities and any other persons who have made their interest in the work of the committee known to its presiding officer. Such interested persons may participate in committee discussions, as invited by the presiding officer to do so, but do not have the authority to cast votes.

(4) Public State Colleges [state colleges]--Lamar State College - Port Arthur, Lamar State College - Orange, Lamar Institute of Technology, and the Polytechnic College at Sam Houston State University.

(5) The Texas Higher Education Coordinating Board--The [the] agency known as the Texas Higher Education Coordinating Board and its staff.

§1.170. Report to the Board[; Evaluation of Committee Costs and Effectiveness].

(a) Subcommittee and workgroup recommendations shall be made to the committee no later than January 15 of the year following its appointment.

(b) The committee shall convey its recommendations to the Board no later than February 1 of the year following its appointment.

(c) The Commissioner may provide recommendations to the Board if they differ from the committee's recommendations.

(d) After considering all such recommendations, the Board shall adopt its own recommendations at the quarterly Board meeting in April of even-numbered years. The Commissioner shall transmit the Board's recommendations to the Governor, the Legislature, and the Legislative Budget Board no later than June 1 of each even-numbered year.

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 June 26, 2026.

TRD-202602640

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER M. FORMULA ADVISORY COMMITTEE - HEALTH-RELATED INSTITUTIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter M, §1.177, concerning Report to the Board; Evaluation of Committee Costs and Effectiveness. Specifically, this amendment will eliminate an unnecessary requirement imposed on the committee that is an agency-level duty.

Texas Education Code, §61.027, provides the Coordinating Board with general rule making authority. Texas Education Code, §61.059, specifically authorizes the Formula Advisory Committee - Health-Related Institutions.

Rule 1.177, Report to the Board; Evaluation of Committee Costs and Effectiveness, is amended to remove an unnecessary requirement.

Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning, 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 the section will be to eliminate an unnecessary requirement not mandated by statute. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to, Andy MacLaurin, Assistant Commissioner for Funding and Resource Planning P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt rules and Texas Education Code, Section 61.059, which specifically authorizes the Formula Advisory Committee - Health-Related Institutions.

The proposed amendment affects Texas Education Code, Section 61.059.

§1.177. Report to the Board[; Evaluation of Committee Costs and Effectiveness].

(a) Subcommittee and workgroup recommendations shall be made to the committee no later than January 15 of the year following its appointment.

(b) The committee shall convey its recommendations to the Board no later than February 1 of the year following its appointment.

(c) The Commissioner may provide recommendations to the Board if they differ from the committee's recommendations.

(d) After considering all such recommendations, the Board shall adopt its own recommendations at the quarterly Board meeting in April of even-numbered years. The Commissioner shall transmit the Board's recommendations to the Governor, the Legislature, and the Legislative Budget Board no later than June 1 of each even-numbered year.

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 June 26, 2026.

TRD-202602641

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER O. LEARNING TECHNOLOGY ADVISORY COMMITTEE

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter O, §1.191, concerning Report to the Board; Evaluation of Committee Costs and Effectiveness. Specifically, this amendment will eliminate an unnecessary requirement imposed on the committee that is an agency-level duty.

Texas Education Code, §61.027 provides the Coordinating Board with general rule making authority. Texas Government Code, §2110.0012 authorizes the Coordinating Board to establish advisory committees.

Rule 1.191, Report to the Board; Evaluation of Committee Costs and Effectiveness, is amended to remove an unnecessary requirement.

Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, 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 the section will be to eliminate an unnecessary requirement not mandated by statute. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to, Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt rules.

The proposed amendment affects Texas Education Code, Section 61.027.

§1.191. Report to the Board[; Evaluation of Committee Costs and Effectiveness].

The committee chairperson shall report any recommendations to the Board on [no less than] an annual basis. [The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.]

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 June 26, 2026.

TRD-202602642

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6541

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

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter P, §1.198, concerning Report to the Board; Evaluation of Committee Costs and Effectiveness. Specifically, this amendment will eliminate an unnecessary requirement imposed on the committee that is an agency-level duty.

Texas Education Code, §61.027, provides the Coordinating Board with general rule making authority. Texas Government Code, §2110.0012 authorizes the Coordinating Board to establish advisory committees.

Rule 1.198, Report to the Board; Evaluation of Committee Costs and Effectiveness, is amended to remove an unnecessary requirement.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, 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 the section will be eliminating an unnecessary requirement not mandated by statute. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to, Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt rules.

The proposed amendment affects Texas Education Code, Section 61.027.

§1.198. Report to the Board[; Evaluation of Committee Costs and Effectiveness].

The committee chairperson shall report any recommendations to the Board on [no less than] an annual basis. [The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request.]

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 June 26, 2026.

TRD-202602644

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6299

CHAPTER 2. ACADEMIC AND WORKFORCE EDUCATION

SUBCHAPTER L. APPROVAL PROCESS FOR A CAREER AND TECHNICAL EDUCATION CERTIFICATE

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 2, Subchapter L, §§2.262, 2.264, and 2.265, concerning Approval Process for a Career and Technical Education Certificate. Specifically, these amendments will remove language referring to third party credentials.

Texas Education Code, §61.003(12), §61.051, §61.0512, and §96.63, authorizes that no new degree or certificate program may be added at any public institution of higher education except with specific prior approval of the Coordinating Board. Texas Education Code, §130.001 and §130.008, grants the Coordinating Board with the authority to adopt policies and establish general rules necessary to carry out statutory duties with respect to a public junior college certificate or degree program. The Coordinating Board has the authority to adopt policies and establish general rules necessary to carry out statutory duties related to a certificate or degree program with respect to Texas State Technical College under Texas Education Code, §135.04, and the Josey School of Vocational Education under Texas Education Code, §96.63.

Rule 2.262, Certificate Titles, Length, and Program Content, is amended by removing language referring to third party credentials.

Rule 2.264, Approval Required, is amended by removing language referring to third party credentials.

Rule 2.265, Presentation of Requests and Steps for Approval of Proposed New Career and Technical Education Certificates, is amended by removing language referring to third party credentials.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, 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 the sections will be coherence and alignment in the rules governing third party credentials. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Dr. Tina Jackson, Assistant Commissioner for Workforce Education, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Tina.Jackson@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code, §61.003(12), §61.051, §61.0512, and §96.63, which provide that no new degree or certificate program may be added at any public institution of higher education except with specific prior approval of the Coordinating Board. Texas Education Code, §130.001 and §130.008, grants the Coordinating Board with the authority to adopt policies and establish general rules necessary to carry out statutory duties with respect to a public junior college certificate or degree program. The Coordinating Board has the authority to adopt policies and establish general rules necessary to carry out statutory duties related to a certificate or degree program with respect to Texas State Technical College under Texas Education Code, §135.04, and the Josey School of Vocational Education under Texas Education Code, §96.63.

The proposed amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 2, Subchapter L.

§2.262. Certificate Titles, Length, and Program Content.

(a) Career and Technical Education Certificate--A post-secondary credential, other than a degree, which a student earns upon successful completion of a career and technical education workforce or continuing education program offered by an institution of higher education. Courses that comprise career and technical education certificates are listed in the Workforce Education Course Manual and the Academic Course Guide Manual and are subject to Board approval.

(b) Certificates subject to this subchapter are defined as follows:

(1) Advanced Technical Certificate (ATC)--has a specific associate or baccalaureate degree or junior level standing in an approved baccalaureate degree program as a prerequisite for admission. It consists of at least 16 semester credit hours and no more than 45 semester credit hours and must be focused, clearly related to the prerequisite degree, and justifiable to meet industry or external agency requirements.

(2) Continuing Education Certificate--is awarded for completion of a program of instruction that meets or exceeds 360 contact hours and earns continuing education units. The certificate program is intended to prepare the student to qualify for employment; to qualify for employment advancement; or to bring the student's knowledge or skills up to date in a particular field or profession.

(3) Enhanced Skills Certificate (ESC)--a certificate associated with an applied associate degree program intended to provide advanced skills identified by business and industry that are not part of the applied associate degree. The certificate must be clearly defined in course content and outcomes. It must consist of at least six (6) semester credit hours and no more than twelve (12) semester credit hours. An ESC may extend an applied associate degree to an overall total that must not exceed 72 semester credit hours. An ESC is awarded concurrently with a degree but may not be considered to be an intrinsic part of the degree or be used to circumvent the 60-semester credit hour associate degree limitation.

(4) Institutional Credential Leading to Licensure or Certification (ICLC)--is awarded by an institution upon a student's completion of a course or series of courses that represent the achievement of identifiable skill proficiency leading to licensure or certification. This definition includes a credential that meets the definition of an Occupational Skills Award in all respects except that the program may provide training for an occupation that is not included in the Local Workforce Development Board's Target Occupations list.

(5) Level 1 Certificate--is designed to provide the necessary academic skills and the workforce skills, knowledge, and abilities necessary to attain entry-level employment or progression toward a Level 2 Certificate or an applied associate degree, with at least 50 percent of course credits drawn from a single technical specialty. A Level 1 Certificate must be designed for a student to complete in one calendar year or less time and consists of at least 15 semester credit hours and no more than 42 semester credit hours.

(6) Level 2 Certificate--consists of at least 30 semester credit hours and no more than 51 semester credit hours.

(7) Occupational Skills Award (OSA)--a sequence of courses that meets the minimum standard for program length specified by the Texas Workforce Commission for the federal Workforce Innovation and Opportunity Act program (9-14 semester credit hours for credit courses or 144-359 contact hours for continuing education courses). An OSA must possess the following characteristics:

(A) The content of the credential must be recommended by an external workforce advisory committee, or the program must provide training for an occupation that is included on the Local Workforce Development Board's Target Occupations list;

(B) In most cases, the credential should be composed of Workforce Education Course Manual (WECM) courses only. However, lower-division courses from the Academic Course Guide Manual (ACGM) may be used if recommended by the external committee and if appropriate for the content of the credential;

(C) The credential complies with the Single Course Delivery guidelines for WECM courses; and

(D) The credential prepares students for employment in accordance with guidelines established for the Workforce Innovation and Opportunity Act.

§2.264. Approval Required.

An application for approval of a new certificate program under this subchapter is subject to the following levels of approval:

(1) If the proposed certificate program, [ other than a third-party credential, ] contains 50 percent or more new content, the proposal will be subject to Assistant Commissioner expedited review and approval under §2.4(2)(B)(ii) of this chapter (relating to Types of Approval Required). In this subchapter, Assistant Commissioner means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner.

(2) If the proposed certificate program is included in the inventory of certificates that the Coordinating Board previously identified as Credentials of Value, the proposal will be subject to approval by notification under §2.4(1) of this chapter.

(3) [A Third-Party Credential,] Occupational Skills Award, Advanced Technical Certificate, and Enhanced Skills Certificate will be subject to approval by notification under 2.4(1) of this chapter.

§2.265. Presentation of Requests and Steps for Approval of Proposed New Career and Technical Education Certificates.

(a) An institution shall submit an application prior to offering a new Continuing Education Certificate, Level 1 Certificate, Level 2 Certificate, Advanced Technical Certificate, Enhanced Skills Certificate, Occupational Skills Award, Institutional Credential for Licensure or Certification[, or Third-Party Credential] using the forms available on the Coordinating Board's website.

(b) The institution's application shall demonstrate that the governing board approved the proposed certificate program prior to submission.

(c) Board Staff will make the determination of administrative completeness in accordance with §2.6 of this chapter (relating to Administrative Completeness).

(d) The Assistant Commissioner shall approve or deny the proposed certificate program within 60 days, after receipt of the complete certificate program proposal. If the Assistant Commissioner does not act to approve or deny the proposal within one year of administrative completeness, the certificate program is considered approved.

(e) Upon approval, Board Staff will add the new career and technical education certificate program to the institution's Program Inventory. The Program Inventory contains the institution's list of degrees and certificates approved by the Board.

(f) If the Assistant Commissioner denies the proposed certificate program, the institution may appeal the decision to the Commissioner. The Commissioner may, within 60 days after appeal, at his or her sole discretion:

(1) deny the proposed certificate program;

(2) approve the proposed certificate program; or

(3) allow the institution the opportunity to cure deficiencies in the proposed program.

(g) A new certificate program must be implemented within 24 months of the approved implementation date stated in the Coordinating Board approval letter. After 24 months, the institution must submit an application for approval of a new certificate program.

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 June 26, 2026.

TRD-202602645

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6209

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

SUBCHAPTER C. TEXAS SUCCESS INITIATIVE

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter C, §4.52, concerning Applicability. Specifically, this amendment will reinstate the applicability of Texas Success Initiative (TSI), so institutions of higher education may follow best practices in assessing high school students regarding their readiness to engage with college-level coursework, to enable appropriate placements, and to provide targeted and aligned interventions and support to help ensure students' positive experiences with, and successful completion of, the college course.

Texas Education Code, Section 51.344, provides the Coordinating Board with the authority to adopt rules to implement the provisions of Texas Education Code, Chapter 51, Subchapter F-1, concerning the Texas Success Initiative.

Rule 4.52, Applicability, is amended by deleting §4.52(4) for the purpose to reinstate the applicability of TSI to all high school students, so institutions of higher education may follow best practices in assessing students regarding their readiness to engage with college-level coursework, to enable appropriate placements, and to provide targeted and aligned interventions and support to help ensure students' positive experiences with, and successful completion of, the college course.

Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, 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 the section will be increased efficiency and effectiveness of student assessment and placement. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Dr. Suzanne Morales-Vale, Senior Director, P.O. Box 12788, Austin, Texas 78701, or Suzanne.Morales-Vale@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, Section 51.344, which provides the Coordinating Board with the authority to adopt rules to implement the provisions of Texas Education Code, Chapter 51, Subchapter F-1, concerning the Texas Success Initiative.

The proposed amendment affects Texas Education Code, Chapter 51, Subchapter F-1.

§4.52. Applicability.

(a) Except as set out in subsection (b) of this section, this subchapter applies to each entering undergraduate student not otherwise exempt under §4.54 of this subchapter (relating to Exemption).

(b) This subchapter does not apply to the following students, and an institution shall not require these students to demonstrate college readiness pursuant to this subchapter. To verify qualification under §4.52(b)(6) - (8) [(7) - (9)], eligibility should be determined at each registration period. The following figure contains the full list of student categories to whom this subchapter does not apply.

Figure: 19 TAC §4.52(b)

[Figure: 19 TAC §4.52(b)]

(1) A student who has earned an associate or baccalaureate degree from an institution of higher education;

(2) A student who transfers to an institution of higher education from a private or independent institution of higher education or an accredited out-of-state institution of higher education and who has satisfactorily completed college-level coursework in the corresponding subject area, as transcribed or otherwise determined by the receiving institution;

(3) A student who is enrolled in a certificate program of one year or less at a public junior college, a public technical institute, or a public state college;

(4) [(5)] A student who is serving on active duty as a member of the armed forces of the United States, the Texas National Guard, or as a member of a reserve component of the armed forces of the United States; [or]

(5) [(6)] A student who on or after August 1, 1990, was honorably discharged, retired, or released from active duty as a member of the armed forces of the United States or the Texas National Guard or service as a member of a reserve component of the armed forces of the United States; or

(6) [(7)] A student who is:

(A) certified as an emergency medical technician under Chapter 773, Health and Safety Code; and

(B) employed more than 20 hours a week by a political subdivision, according to Texas Local Government Code §172.003;

(7) [(8)] A student who is employed more than 20 hours a week as fire protection personnel by Section 419.021, Government Code; or

(8) [(9)] A student who is elected, appointed, or employed more than 20 hours a week to serve as a peace officer described by Article 2A.001, Code of Criminal Procedure, or other law.

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 June 26, 2026.

TRD-202602646

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6541

SUBCHAPTER E. LEARNING OUTCOMES FOR UNDERGRADUATE COURSES

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter E, §§4.101 - 4.104, concerning Learning Outcomes for Undergraduate Courses. Specifically, this repeal will move Chapter 4, Subchapter E, into an existing Subchapter U.

Texas Education Code, Chapter 51, Subchapter Z, §51.96851 and §51.974(g) authorizes the Coordinating Board to adopt rules relating to the requirements of learning outcomes in undergraduate courses.

Daniel Pérez, Associate Commissioner for Academic & Workforce Initiatives, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel Pérez, Associate Commissioner for Academic & Workforce Initiatives, 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 the sections will be the consolidation of related requirements into a single subchapter. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Daniel Pérez, Associate Commissioner for Academic & Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Chapter 51, Subchapter Z, Sections 51.96851 and 51.974(g), which authorize the Coordinating Board to adopt rules relating to the requirements of learning outcomes in undergraduate courses.

The proposed repeal affects Texas Education Code, Chapter 51, Subchapter Z, Sections 51.96851 and 51.974(g).

§4.101. Purpose.

§4.102. Authority.

§4.103. Definitions.

§4.104. Measurable Learning Outcomes for Undergraduate Courses.

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 June 26, 2026.

TRD-202602647

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6299

SUBCHAPTER N. PUBLIC ACCESS TO COURSE INFORMATION

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter N, §§4.225 - 4.228, concerning Public Access to Course Information. Specifically, this repeal will move Chapter 4, Subchapter N, into Subchapter U.

Texas Education Code, Chapter 51, §51.974(g), authorizes the Coordinating Board to adopt rules relating to requirements for public access to course information.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, 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 the section will be the consolidation of related requirements into a single subchapter. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Chapter 51, Subchapter Z, Section 51.974(g), which authorizes the Coordinating Board to adopt rules relating to requirements for public access to course information.

The proposed repeal affects Texas Education Code, Chapter 51, Section 51.974(g).

§4.225. Purpose.

§4.226. Authority.

§4.227. Definitions.

§4.228. Internet Access to Course Information.

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 June 26, 2026.

TRD-202602653

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6299

SUBCHAPTER U. REQUIRED DEGREE AND COURSE PLANNING

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter U, §4.361 and §4.363, and new §4.366 and §4.367 concerning Required Degree and Course Planning. Specifically, these amendments and new sections will move existing rules from Chapter 4, Subchapters E and N, into Chapter 4, Subchapter U, which includes related rules for degree and course planning.

Texas Education Code, §51.96851(d), authorizes the Coordinating Board to adopt rules related to undergraduate course learning outcomes. Texas Education Code, §51.974(g), authorizes the Board to adopt rules related to public access to course information.

Rule 4.361, Authority, is amended to add references to statutory authority for the new sections.

Rule 4.363, Definitions, is amended to add relevant definitions for the new sections being added to the subchapter.

Rule 4.366, Requirements for Undergraduates Course Learning Outcomes, outlines the requirements for institutions regarding the development and public availability of course learning outcomes.

Rule 4.367, Public Access to Course Information, specifies the requirements for institutions to ensure that various course information is made publicly available for a given period of time.

Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, 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 the sections will be to consolidate similar requirements for institutions related to degree and course planning in alignment with statutory obligations. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments and new sections are proposed under Texas Education Code, Sections 51.96851(d) and 51.974(g), which authorizes the Coordinating Board to adopt rules related to course learning outcomes and public access to course information.

The proposed amendments and new sections affects Texas Education Code, Sections 51.96851(d) and §51.974(g).

§4.361. Authority.

Texas Education Code, §51.96851(d), authorizes the Board to adopt rules related to undergraduate course learning outcomes. Texas Education Code, §51.974(g), authorizes the Board to adopt rules related to public access to course information. Texas Education Code, §51.96852(d), requires the Board to adopt rules relating to the development, reporting, and publication of recommended course sequences. Texas Education Code, §61.07771, requires the Board to adopt rules regarding the availability of certificate and degree program requirements for students enrolling at or transferring into institutions of higher education.

§4.363. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless otherwise defined in the subchapter:

(1) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

(2) Certificate Program--Has the meaning as defined in §2.3(12) of this title (relating to Definitions).

(3) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.

(5) [(4)] Degree Program--Has the meaning prescribed in §2.3(19) of this title.

(7) [(5)] Lower-Division Academic Course Guide Manual (ACGM)--A publication listing academic courses, as defined in §4.23(13) of this title (relating to Definitions).

(8) [(6)] Program Plan--A recommended sequence of courses by semester, term, or enrollment period that will satisfy the requirement for a student to complete a certificate or degree program.

(9) [(7)] Texas Common Course Numbering System (TCCNS)--A common course numbering system, as defined in §4.23(10) of this title, and authorized by Texas Education Code, §61.832.

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 June 26, 2026.

TRD-202602654

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6299

CHAPTER 5. RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER F. MATH, SCIENCE, AND TECHNOLOGY TEACHER PREPARATION ACADEMIES

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 5, Subchapter F, §§5.111 - 5.115, concerning Math, Science, and Technology Teacher Preparation Academies. Specifically, this repeal will remove discretionary rules for an unfunded program that was determined to be unnecessary during the four-year rule review.

Texas Education Code, §61.0766, authorizes, but does not require, the Coordinating Board to adopt rules for Math, Science, and Technology Teacher Preparation Academies.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, 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 the sections will be the removal of discretionary rules for an unfunded program that was determined to be unnecessary during the four-year rule review. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Section 21.462, which provides the Coordinating Board with the authority to adopt rules for Math, Science, and Technology Teacher Preparation Academies.

The proposed repeal affects Texas Education Code, Section 61.0766.

§5.111. Purpose.

§5.112. Authority.

§5.113. Definitions.

§5.114. Institutional Eligibility.

§5.115. Funding.

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 June 26, 2026.

TRD-202602655

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6299

CHAPTER 10. GRANT PROGRAMS

SUBCHAPTER SS. TEXAS RESKILLING AND UPSKILLING THROUGH EDUCATION (TRUE) GRANT PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter SS, §10.897, concerning Reporting Criteria. Specifically, this amendment specifies grantees annual reporting of student outcomes requirement to a time limit of three consecutive years following the end of the TRUE Grant period.

TRUE Grant statute and rules require TRUE grantees to indefinitely report on student outcomes annually following the end of the established grant period. There is currently no specification on how many years annual reporting needs to take place following the end of the grant. Coordinating Board staff in the Workforce and Data Management and Research Divisions have found that the quality of data provided by TRUE grantees more than three years post grant decreases in accuracy and reliability. Limiting reporting to three years meets the statutory purpose to gauge the impact of the grant program while also ensuring reliable data and promoting efficiency for grantees by eliminating unnecessary burdens to track beyond three years.

The Coordinating Board has authority to establish rules for the TRUE Grant Program under Texas Education Code, Chapter 61, Subchapter T-2, and §§61.882(b) - 61.886.

Rule 10.897, Reporting Criteria, is amended to specify grantees annual reporting of student outcomes to a time limit of three consecutive years following the end of the TRUE Grant period.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, 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 the section will be more accurate data reporting concerning the state's investment in the TRUE Grant Program. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Dr. Tina Jackson, Assistant Commissioner for Workforce Education, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Tina.Jackson@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Chapter 61, Subchapter T-2, Sections 61.882(b) - 61.886, which provides the Coordinating Board with the authority to establish rules for the administration of the TRUE Grant Program.

The proposed amendment affects Texas Administrative Code, Chapter 10, Section SS.

§10.897. Reporting Criteria.

(a) Interim and Final Reporting for the TRUE Grant Program. Grantees must file program and expenditure reports and student reports if applicable to the Coordinating Board during the grant period and at its conclusion as required by the RFA. Grantees shall provide information that includes, but is not limited to, the following:

(1) Characteristics of the credential programs that are being worked on by the project;

(2) Status of the grant project activities;

(3) Budget expenditures by budget category;

(4) Student level data for students receiving financial aid funded by the grant as applicable;

(5) Student enrollment data as applicable; and

(6) Any other information required by the RFA.

(b) Ongoing Data Collection and Reporting for the TRUE Grant Program. Grantees shall submit data [necessary information] concerning student enrollment, credential completion, and employment outcomes for students in TRUE funded programs per Texas Education Code, §61.883(a)(6), and as set forth in the RFA, annually for three consecutive years following the end of the grant period. Grantees shall provide information that may include, but is not limited to, the following: [.]

(1) [(c)] [The Coordinating Board will request an updated list of] TRUE developed and funded credential programs with required data points as requested by the Coordinating Board; [from grant holders annually at the end of June of each year following the end of the grant period.]

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 June 26, 2026.

TRD-202602648

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6209

CHAPTER 11. TEXAS STATE TECHNICAL COLLEGE SYSTEM

SUBCHAPTER A. PURPOSE, AUTHORITY, AND DEFINITIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 11, Subchapter A, §11.2 and §11.3, concerning Purpose, Authority, and Definitions. Specifically, these amendments will update the authority and terminology regarding the Texas State Technical College System.

Texas Education Code, §61.051, §61.053, §61.056, §61.058, §61.0583, §135.04, §135.02, and §135.06, authorizes the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

Rule 11.2, Authority, is amended to update Texas Education Code citations providing authority to the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System, which is the purpose of this subchapter.

Rule 11.3, Definitions, is amended to eliminate out of date terminology and update definitions of career and technical education terms so that they conform with definitions in current use in the Texas Administrative Code.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, 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 the sections will be an updated authority and definitions for Chapter 11. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Dr. Tina Jackson, Assistant Commissioner for Workforce Education, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Tina.Jackson@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code, Sections 61.051, 61.053, 61.056, 61.058, 61.0583, 135.04, 135.02, and 135.06, which authorizes the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

The proposed amendments affect Chapter 11, Subchapter A.

§11.2. Authority.

Texas Education Code, §§61.051, 61.053, 61.056, 61.058, 61.0583, [135.01,] 135.04, 135.02, and 135.06, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to [the review of its role and mission statement,] new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

§11.3. Definitions.

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

(1) Board [or coordinating board]--The Texas Higher Education Coordinating Board.

(2) Campus--A [residential] unit of the Texas State Technical College System that grants certificates [certificate] and associate of applied science degrees, including the main campus of a technical college as set forth in Texas Education Code, §135.02(a), and an off-campus educational site approved by the technical college's accreditor in accordance with 34 C.F.R. §600.32.

(4) [(3)] Commissioner--The Commissioner of Higher Education. [of higher education or commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.]

(5) [(4)] Governing board--The board of regents of the Texas State Technical College System.

(6) [(5)] Extension center--A site, operating under the administration of a campus, that has an extension program.

(7) [(6)] Extension program--Credit and non-credit instruction in workforce and continuing education [technical and vocational education] offered at an extension center.

(8) [(7)] System--The Texas State Technical College System.

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 June 26, 2026.

TRD-202602649

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6209

SUBCHAPTER B. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 11, Subchapter B, §§11.21 - 11.25 and 11.27 - 11.30, concerning General Provisions. Specifically, this repeal will allow updated language in a new Chapter 11, Subchapter B to be adopted.

Texas Education Code, §61.051, §61.053, §61.056, §61.058, §61.0583, §135.01, §135.04, §135.02, and §135.06, authorizes the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to the review of its role and mission statement, new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, 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 the sections will be an updated general provisions regarding the Texas State Technical College System. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Dr. Tina Jackson, Assistant Commissioner for Workforce Education, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Tina.Jackson@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under the following authorities: Texas Education Code, Sections 61.051, 61.053, 61.056, 61.058, 61.0583, 135.01, 135.04, 135.02, and 135.06, which authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to the review of its role and mission statement, new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 11, Subchapter B.

§11.21. Role and Mission.

§11.22. Establishing Additional Campuses.

§11.23. Approval and Operation of Extension Programs and Centers.

§11.24. Approval of Land Acceptance or Acquisition.

§11.25. Audit of Facilities.

§11.27. New Program and Course Approval.

§11.28. Other Provisions Related to the System.

§11.29. Action and Order of the Board.

§11.30. Funding.

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 June 26, 2026.

TRD-202602657

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6209

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 11, Subchapter B, §§11.21 - 11.28, concerning General Provisions. Specifically, these new sections will replace outdated, repealed language in the previous version of Chapter 11, Subchapter B.

Texas Education Code, §61.051, §61.053, §61.056, §61.058, §61.0583, §135.04, §135.02, and §135.06, authorizes the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

Rule 11.21, Establishing Additional Campuses, establishes that the Coordinating Board reviews and makes recommendations concerning the establishment of additional Texas State Technical College campuses.

Rule 11.22, Approval and Operation of Extension Programs and Centers, states that the Texas State Technical College System may establish extension programs in accordance with statute and Coordinating Board approval and operate extension centers in accordance with statute and under continuing review by the Coordinating Board.

Rule 11.23, Approval of Land Acceptance or Acquisition, establishes that the Texas State Technical College System may accept, acquire, lease, sell, transfer, or exchange land in the name of the State of Texas, and make improvements to facilities in any of the counties where a campus or extension center is located utilizing procedures outlined in Texas Administrative Code, Chapter 17.

Rule 11.24, Audit of Facilities, establishes that the Coordinating Board will periodically conduct a comprehensive audit of all educational and general facilities on the Texas State Technical College System's campuses as outlined in Texas Administrative Code, Chapter 17.

Rule 11.25, New Program and Course Approval, outlines the approval process, procedures, and conditions under which a new courses or programs may be introduced by the Texas State Technical College System, bringing these in alignment with the procedures establish in Texas Administrative Code, Chapter 2, Subchapters K and L. It also states that partnership agreements are permissible but subject to the provisions of Texas Administrative Code, Chapter 9, Subchapter G.

Rule 11.26, Other Provisions Related to the System, establishes that the Texas State Technical College System is subject to certain provisions in Chapter 4 and Chapter 2, of the Texas Administrative Code.

Rule 11.27, Action and Order of the Board, establishes that approvals of additional campus and extension center, acquisition of land, and new program requests not delegated to the Commissioner may be undertaken by the Coordinating Board during scheduled quarterly meetings.

Rule 11.28, Funding, establishes that the Coordinating Board develops formulas for the support of administration and instruction for extension programs.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Dr. Tina Jackson, Assistant Commissioner for Workforce Education, 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 the sections will be an update of the general provisions regarding the Texas State Technical College System. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Dr. Tina Jackson, Assistant Commissioner for Workforce Education, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Tina.Jackson@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new sections are proposed under Texas Education Code, Sections 61.051, 61.053, 61.056, 61.058, 61.0583, 135.04, 135.02, and 135.06, which authorizes the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 11, Subchapter B.

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 June 26, 2026.

TRD-202602650

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6209

CHAPTER 13. FINANCIAL PLANNING

SUBCHAPTER Q. FINANCIAL AID FOR SWIFT TRANSFER (FAST) PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter Q, §13.501, concerning Definitions. Specifically, this amendment will amend the rule definition of "dual credit courses" to align with the program's statute.

The Coordinating Board is authorized by Texas Education Code, §28.0095, to adopt rules relating to the FAST program.

Rule §13.501, Definitions, is amended. The current rule definition of "dual credit course" in §13.501 cites to the term's definition in §4.83, a rule which applies to dual credit offerings generally, not the FAST program exclusively. Concurrent proposed changes to §4.83 would amend the definition for "dual credit course" in a manner that would misalign the FAST program rules with its governing statute. Accordingly, the definition of "dual credit course" in §13.501 is amended to instead cite directly to the FAST program's governing statute, avoiding a potential conflict. This does not represent a change in the administration of the program.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, 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 the section will be the improved rule clarity and alignment. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 28.0095, which provides the Coordinating Board with the authority to adopt rules relating to the FAST program.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter Q.

§13.501. Definitions.

In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions) the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. In the event of conflict, the definitions in this subchapter shall control.

(1) Career and Technical Education Course--As defined in §4.83 of this title (relating to Definitions).

(2) Credit--As defined in §4.83 of this title [(relating to Definitions)].

(3) Dual Credit Course--As defined in Texas Education Code, §28.0095 [§4.83 of this title (relating to Definitions)].

(4) Educationally Disadvantaged--As defined in Texas Education Code, §5.001(4), eligible to participate in the national free or reduced-price lunch program.

(5) Equivalent of a Semester Credit Hour--As defined in §4.83 of this title [(relating to Definitions)].

(6) Program--The Financial Aid for Swift Transfer (FAST) Program.

(7) School District--As defined in §4.83 of this title [(relating to Definitions)]. For the purposes of this subchapter, the term includes the Windham School District.

(8) School Year--The twelve month-period of high school enrollment starting in August.

(9) Semester Credit Hour--As defined in §4.83 of this title [(relating to Definitions)].

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 June 26, 2026.

TRD-202602651

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6495

CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER D. TEXAS PUBLIC EDUCATIONAL GRANT AND EMERGENCY TUITION, FEES, AND TEXTBOOK LOAN PROGRAMS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter D, §22.66, concerning Loan Repayment Deferral and Forgiveness. Specifically, this amendment will provide clear guidance on circumstances that represent extreme financial hardship for students repaying emergency loans made in accordance with Texas Education Code, Chapter 56, Subchapter D.

The Coordinating Board is authorized by Texas Education Code, §56.055, to adopt rules relating to the forgiveness of emergency loans offered under that section.

Rule 22.66, Loan Repayment Deferral and Forgiveness, is amended to provide guidance, per Texas Education Code, §56.055, on what constitutes "extreme financial hardship," circumstances occurring after the loan is made in which it is in the public interest for an emergency loan to be forgiven. Subsection (c) provides three circumstances as meeting this standard in all cases: severe or debilitating illness; active-duty or other military service; and natural disasters or declared emergencies that indefinitely affect a person's (or for a dependent, the person's parent's) residence or employment. Consistent with the Coordinating Board's approach to similar hardship provisions in its financial aid rules, the listed circumstances are not intended to be exhaustive; institutions are given leeway to identify individual students' circumstances as representing extreme financial hardship and act accordingly, provided they maintain proper documentation of this decision.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, 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 the section will be the greater clarity in how emergency loans are administered by institutions of higher education. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 56.055, which provides the Coordinating Board with the authority to adopt rules relating to the forgiveness of emergency loans offered under that section.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter D.

§22.66. Loan Repayment Deferral and Forgiveness.

(a) Deferral. An institution may extend the time for repayment of loans for students who enroll in graduate or professional degree programs for up to three years, but not longer than one year beyond the time when the student fails to be enrolled in the institution on at least a half-time basis.

(b) Forgiveness for Total and Permanent Disability. An institution shall forgive an emergency loan to an individual who has been certified by a physician as having a total and permanent disability. Total and permanent disability means the borrower is:

(1) Unable [unable] to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death, that has lasted for a continuous period of not less than 60 months, or that can be expected to last for a continuous period of not less than 60 months; or

(2) A [the applicant is a] veteran who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected disability.

(d) [(c)] An institution shall maintain documentation justifying the deferral of repayments or the forgiveness of emergency loans for review by the State Auditor.

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 June 26, 2026.

TRD-202602652

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 427-6495

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 103. HEALTH AND SAFETY

SUBCHAPTER EE. COMMISSIONER'S RULES ON PREVENTION, AWARENESS, AND REPORTING OF CHILD ABUSE OR NEGLECT, INCLUDING TRAFFICKING OF A CHILD

The Texas Education Agency (TEA) proposes an amendment to §103.1401 and new §103.1402, concerning prevention, awareness, and reporting of child abuse or neglect, including trafficking of a child. The proposed amendment to §103.1401 would add and clarify definitions; update the timeline to report abuse and neglect of a student from 48 hours to 24 hours to align with Senate Bill (SB) 571, 89th Texas Legislature, Regular Session, 2025; and expand the requirements for school system policies on reporting child abuse and neglect. New §103.1402 would establish the procedures for investigating school systems' compliance with laws regarding reporting child abuse and neglect.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 103.1401, Reporting Child Abuse or Neglect, Including Trafficking of a Child, relates to the reporting of child abuse and neglect and related training requirements for school districts and open-enrollment charter schools. The proposed amendment to §103.1401(a) would clarify the definition for child abuse and neglect and add definitions for child abuse, law enforcement agency, and neglect for the purpose of Chapter 103, Subchapter EE. The proposed amendment to §103.1401(b)(1) would reduce the timeline to report abuse and neglect of a student from 48 hours to 24 hours to align with SB 571, 89th Texas Legislature, Regular Session, 2025. Proposed new §103.1401(b)(9) would require school system policies on addressing sexual abuse, trafficking, and other maltreatment of children to include safeguards requiring transparency in digital communications between school employees and students. The proposed amendment to §103.1401(c) would require local education agencies (LEAs) to make available on the LEA website the policies for reporting child abuse and neglect adopted by the board of trustees.

Proposed new §103.1402, Compliance Monitoring; Agency Review and Investigation, would implement SB 571, 89th Texas Legislature, Regular Session, 2025, by establishing the procedures for investigating school systems' compliance with laws regarding reporting child abuse and neglect. Proposed new subsection (a) would define appropriate investigative protocols. Proposed new subsection (b) would establish TEA's responsibility to review records of school systems and the investigations conducted by school systems to ensure compliance with appropriate protocols and cooperation with law enforcement agencies and state agencies. Proposed new subsection (c) would establish that TEA may investigate regardless of whether a complaint has been filed. Proposed new subsection (d) would establish the provisions that govern compliance monitoring and review, and proposed new subsection (e) would establish the circumstances under which TEA may escalate or refer actions and the process for doing so.

FISCAL IMPACT: Ashley Jernigan, associate commissioner for compliance and investigations, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation by updating the requirements for school district policies related to reporting child abuse and neglect to align with statute. The proposed rulemaking would also create a new regulation regarding compliance monitoring, review, and investigation of school systems' compliance with laws on reporting child abuse and neglect.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Jernigan has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to implement legislation and ensure that rule language is based on current law. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: TEA requests public comments on the proposal, including, per Texas Government Code, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins July 10, 2026, and ends August 10, 2026. 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 July 10, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/laws-and-rules/commissioner-rules-tac/proposed-commissioner-education-rules.

STATUTORY AUTHORITY. The amendment and new section are proposed under Texas Education Code (TEC), §22A.051(a)(2)(A), (B), (C), and (D), as transferred, redesignated, and amended by Senate Bill (SB) 571, 89th Texas Legislature, Regular Session, 2025, establishes the requirements to report educator misconduct and provides the commissioner of education with the authority to review records of an educational entity to ensure compliance with the required reporting of educator misconduct; TEC, §22A.156, as transferred, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which provides the Texas Education Agency (TEA) with compliance monitoring and investigative authority related to misconduct by employees and contractors of educational entities; TEC, §37.086, as amended by SB 2069, 88th Texas Legislature, Regular Session, 2023, which requires each public school to post warning signs describing the increased penalties for trafficking of persons under Texas Penal Code, §20A.02(b-1); TEC, §38.004, which requires TEA to develop a policy governing the reports of child abuse or neglect; and TEC, §38.0041, which requires school districts and open-enrollment charter schools to adopt and implement policies addressing sexual abuse, sex trafficking, and other maltreatment of children.

CROSS REFERENCE TO STATUTE. The amendment and new section implement Texas Education Code, §22A.051(a)(2)(A), (B), (C), and (D), as transferred, redesignated, and amended by Senate Bill (SB) 571, 89th Texas Legislature, Regular Session, 2025; §22A.156, as transferred, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025; §37.086, as amended by SB 2069, 88th Texas Legislature, Regular Session, 2023; §38.004; and §38.0041.

§103.1401. Reporting Child Abuse or Neglect, Including Trafficking of a Child.

(a) The following words and terms, when used in this subchapter, have the following meanings.

(2) [(1)] Child abuse or neglect--This phrase [The definition of child abuse or neglect] includes the trafficking of a child in accordance with Texas Education Code (TEC), §38.004.

(5) [(2)] Other maltreatment--This term has the meaning assigned by Human Resources Code, §42.002.

(6) [(3)] Trafficking of a child--This term has the meaning assigned by Texas Penal Code, §20A.02(a)(5), (6), (7), or (8).

(b) The board of trustees of a school district or governing body of an open-enrollment charter school shall adopt and annually review policies for reporting child abuse and neglect. The policies shall follow the requirements outlined in Texas Family Code, Chapter 261.

(1) The policies must require that every school employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglect submit a written or oral report to at least one of the following authorities within 24 [48] hours or less, as determined by the board of trustees, after learning of facts giving rise to the suspicion:

(A) a [local or state] law enforcement agency;

(B) the Texas Department of Family and Protective Services, Child Protective Services Division;

(C) a local office of Child Protective Services, where available; or

(D) the state agency that operates, licenses, certifies, or registers the facility in which the alleged child abuse or neglect occurred.

(2) The policies must require a report to the Texas Department of Family and Protective Services if the alleged abuse or neglect involves a person responsible for the care, custody, or welfare of the child and must notify school personnel of the following:

(A) penalties under Texas Penal Code, §39.06; Texas Family Code, §261.109; and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) for failure to submit a required report of child abuse or neglect;

(B) applicable prohibitions against interference with an investigation of a report of child abuse or neglect, including the following:

(i) Texas Family Code, §261.302 and §261.303, prohibiting school officials from denying an investigator's request to interview a student at school; and

(ii) Texas Family Code, §261.302, prohibiting school officials from requiring the presence of a parent or school administrator during an interview by an investigator;

(C) immunity provisions applicable to a person who reports child abuse or neglect or otherwise assists an investigation in good faith;

(D) oral reports made to the Texas Department of Family and Protective Services are recorded;

(E) confidentiality provisions relating to reports of suspected child abuse or neglect, including the following:

(i) the requirement for the individual making the report to provide the individual's [his or her] name and telephone number;

(ii) the requirement for the individual making the report to provide the individual's [his or her] home address or, if the individual making the report is a school employee, agent, or contractor, provide the individual's [his or her] business address and profession; and

(iii) the limited circumstances under which the identity of the individual making a report may be disclosed;

(F) any disciplinary action that may result from noncompliance with the district's reporting policy;

(G) the prohibition under TEC, §26.0091, against using or threatening to use the refusal to consent to administration of a psychotropic drug to a child or to any other psychiatric or psychological testing or treatment of a child as the sole basis for making a report of neglect, except as authorized by TEC, §26.0091; and

(H) the Texas Department of Family and Protective Services is not authorized to accept an anonymous report of abuse or neglect.

(3) Each school district and open-enrollment charter school shall adopt and implement a policy addressing sexual abuse, trafficking, and other maltreatment of children. The policy must be included in any informational handbook provided to students and parents and must address the following:

(A) methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, trafficking, and other forms of maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim;

(B) actions a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance and intervention; and

(C) available counseling options for students affected by sexual abuse, trafficking, or other maltreatment.

(4) The policies must be consistent with Texas Family Code, Chapter 261, and 40 TAC Chapter 700 (relating to Child Protective Services) regarding investigations by the Texas Department of Family and Protective Services, including regulations governing investigation of abuse by school personnel and volunteers.

(5) The policies may not require that school personnel report suspicions of child abuse or neglect to a school administrator prior to making a report to one of the agencies identified in paragraph (1) of this subsection.

(6) The policies must include the current toll-free telephone number of the Texas Department of Family and Protective Services.

(7) The policies must provide for cooperation with law enforcement child abuse investigations without the consent of the child's parent, if necessary, including investigations by the Texas Department of Family and Protective Services.

(8) The policies must include child abuse anti-victimization programs in elementary and secondary schools consisting of age-appropriate, research-based prevention designed to promote self-protection and prevent sexual abuse and trafficking.

(c) The policies required by this section and adopted by the board of trustees shall be distributed to all school personnel at the beginning of each school year and made available on the website of the local education agency. The policies shall be addressed in staff development programs at regular intervals determined by the board of trustees.

(d) Training concerning prevention techniques for, and recognition of, sexual abuse, trafficking, and all other maltreatment of children, including the sexual abuse, trafficking, and other maltreatment of children with significant cognitive disabilities, must be provided as a part of new employee orientation to all new school district and open-enrollment charter school employees as required by TEC, §38.0041.

(1) The training must include:

(A) factors indicating a child is at risk for sexual abuse, trafficking, or other maltreatment;

(B) warning signs indicating a child may be a victim of sexual abuse, trafficking, or other maltreatment;

(C) internal procedures for seeking assistance for a child who is at risk for sexual abuse, trafficking, or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional;

(D) techniques for reducing a child's risk for sexual abuse, trafficking, or other maltreatment; and

(E) information on community organizations that have relevant research-based programs that are able to provide training or other education for school district or open-enrollment charter school staff, students, and parents.

(2) Each school district and open-enrollment charter school must maintain records that include the name of each staff member who participated in training.

(3) To the extent that resources are not yet available from the Texas Education Agency or commissioner of education, school district and open-enrollment charter schools shall implement the policies and trainings with existing or publicly available resources. The school district or open-enrollment charter school may also work in conjunction with a community organization to provide the training at no cost to the district or charter school.

(e) Using a format and language that is clear, simple, and understandable to students, each public school and open-enrollment charter school shall post, in English and in Spanish:

(1) the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number;

(2) instructions to call 911 for emergencies; and

(3) directions for accessing the Texas Department of Family and Protective Services website (www.txabusehotline.org) for more information on reporting abuse, neglect, and exploitation.

(f) School districts and open-enrollment charter schools shall post the information specified in subsection (e) of this section at each school campus in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students. The information must be on a poster (11x17 inches or larger) in large print and placed at eye-level to the student for easy viewing. Additionally, the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number should be in bold print.

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 June 29, 2026.

TRD-202602672

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 9, 2026

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

CHAPTER 129. STUDENT ATTENDANCE

SUBCHAPTER AA. COMMISSIONER'S RULES

The Texas Education Agency (TEA) proposes an amendment to §129.1025, concerning the student attendance accounting handbook. The proposed amendment would adopt by reference the 2026-2027 Student Attendance Accounting Handbook (SAAH). The handbook provides student attendance accounting rules for school districts and charter schools.

BACKGROUND INFORMATION AND JUSTIFICATION: TEA has adopted the SAAH by reference in rule since 2001. Attendance accounting evolves from year to year, so §129.1025 is updated at least annually to refer to the most recently adopted SAAH.

Each edition of the SAAH provides school districts and charter schools with Foundation School Program (FSP) eligibility requirements for all students, prescribes the minimum requirements for all student attendance accounting systems, lists the documentation requirements for attendance audit purposes, and details the responsibilities of all district personnel involved in student attendance accounting. TEA distributes FSP resources under the procedures specified in each current SAAH, which is published on the TEA website. Supplements, if necessary, are also published on the TEA website.

The proposed amendment to §129.1025 would adopt by reference the SAAH for the 2026-2027 school year. The proposed handbook is available on the TEA website at https://tea.texas.gov/data-reports/financial-compliance/student-attendance-accounting-handbook.

At the time of this proposal, TEA is in the process of updating the details of how the state special education allotment will be calculated and distributed based on Texas Education Code (TEC), §§48.102, 48.1021, and 48.1022, which become effective on September 1, 2026. Readers are advised to coordinate all references to special education throughout the proposed handbook with TEA's special education funding transition materials and the most recently adopted commissioner rules in the Texas Administrative Code (TAC), which will be posted on the TEA website as they are effective.

The 2026-2027 Student Attendance Accounting Handbook would include the following significant changes.

The proposed changes to Section 1, Overview, would emphasize that all special education references should be reviewed in conjunction with current TEA transition materials and adopted TAC rules.

The proposed changes to Section 3, General Attendance Requirements, would include adding references to new TEC, Chapter 30B, in Section 3.6.3; clarifying that students who have met all diploma requirements are not eligible to generate average daily attendance (ADA), with specified exceptions; and reflecting the repeal of the prohibition on receiving both Additional Days School Year (ADSY) and Senate Bill (SB) 1882 funds, allowing districts to receive both.

The proposed changes to Section 4, Special Education, would provide detail about funding for special education in the 2026-2027 school year and the special education funding transition. The changes would also clarify early childhood special education (ECSE) service eligibility, homebound service hours, and current practices.

The proposed changes to Section 5, Career and Technical Education (CTE), would provide detail about the increase in funding that aligns the handbook with House Bill (HB) 120, 89th Texas Legislature, Regular Session, 2025, and would clarify that CTE contact hours should be based on the days CTE course are scheduled. Changes would also include clarification on CTE weighted funding calculations.

The proposed changes to Section 11, Non-Traditional Programs, would provide for funded virtual education for the Optional Flexible School Day Program (OFSDP) to align the handbook with SB 569, 89th Texas Legislature, Regular Session, 2025. The ADSY program would add two ADSY days beyond the required 25 in order for school systems to access the three-quarter-day formula funding provided in statute. Additional proposed changes would decrease the 180 ADSY calendar to 175 days to align the handbook with HB 2, 89th Texas Legislature, Regular Session, 2025. Further proposed changes would remove provisions preventing a district from drawing down both ADSY and SB 1882 funds, as that limitation is no longer included in TEC, §48.252. Other proposed changes to Section 11 would prohibit requiring a student enrolled in an early college high school (ECHS) or Pathways in Technology Early College High School (P-TECH) course for high school graduation credit to pay for tuition, fees, or required textbooks.

The proposed changes to Section 12, Virtual, Remote, and Electronic Instruction, would modify language to reflect the new funding and attendance methods established by SB 569 and reflect the addition of the newly created virtual and hybrid education options for funding in TEC, Chapter 30B.

The proposed changes to Section 13, the Appendix and the Glossary, would update glossary terms and weighted funding calculations.

A document detailing all proposed changes to the 2026-2027 Student Attendance Accounting Handbook is available on the TEA website at https://tea.texas.gov/finance-and-grants/financial-compliance/student-attendance-accounting-handbook.

FISCAL IMPACT: Amy Copeland, associate commissioner of school finance and chief school finance officer, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand and limit an existing regulation. The proposed changes to the 2026-2027 Student Attendance Accounting Handbook would amend requirements and provide clarity regarding student attendance accounting procedures. In some instances, the proposed changes would add information, and in some instances, information would be removed.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Copeland has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be informing the public of the existence of annual publications specifying attendance accounting procedures for school districts and charter schools. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: TEA requests public comments on the proposal, including, per Texas Government Code, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins July 10, 2026, and ends August 10, 2026. 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 July 10, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendment is proposed under TEC, §7.055(b)(35), which states that the commissioner shall perform duties in connection with FSP as prescribed by TEC, Chapter 48; TEC, §12.251, as added by SB 2032, 88th Texas Legislature, Regular Session, 2023, which states the definition of adult high school charter school programs; TEC, §25.001, as amended by SB 1008, 88th Texas Legislature, Regular Session, 2023, and HB 2757 and SB 226, 89th Texas Legislature, Regular Session, 2025, which states that a school district must allow for an active duty member of the armed forces of the United States to be allowed 90 days to provide proof of residency; TEC, §25.0344, as added by HB 1959, 88th Texas Legislature, Regular Session, 2023, which states that a parent serving as a peace officer or service member may request a transfer to a district and campus of their choice; TEC, §25.081, as amended by SB 1647, 88th Texas Legislature, Regular Session, 2023, and SB 569 and SB 991, 89th Texas Legislature, Regular Session, 2025, which states that, for each school year, each school district must operate so that the district provides for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses, for students. TEC, §25.081(d), authorizes the commissioner to adopt rules to implement the section. TEC, §25.081(g), states that a school district may not provide student instruction on Memorial Day but that if a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under TEC, §25.081(a); TEC, §25.0812, which states that school districts may not schedule the last day of school for students before May 15; TEC, §25.087, as amended by HB 367 and SB 1049, 89th Texas Legislature, Regular Session, 2025, which provides purposes for which a school district shall excuse a student from attending school; TEC, §25.0875, as added by SB 1049, 89th Texas Legislature, Regular Session, 2025, which provides purposes for which a school district shall excuse a student from attending school for a released time course; TEC, §28.02124, as amended by HB 3803, 88th Texas Legislature, Regular Session, 2023, which states that a parent may request that a student repeat a course for high school credit; TEC, §29.081, as amended by SB 1647, 88th Texas Legislature, Regular Session, 2023, and SB 569 and SB 991, 89th Texas Legislature, Regular Session, 2025, which states that attendance accounting and FSP funding for OFSDP participation may be generated through a remote or hybrid dropout recovery education program; TEC, §29.0822, which enables a school district to provide a program that meets the needs of students described by TEC, §29.0822(a), for a school district that meets application requirements, including allowing a student to enroll in a dropout recovery program in which courses are conducted online, and authorizes the commissioner to adopt rules for the administration of the section; TEC, §30A.153, as that section existed before repeal by SB 569, 89th Texas Legislature, Regular Session, 2025, which states that, subject to the limitation imposed under TEC, §30A.153(a-1), a school district or open-enrollment charter school in which a student is enrolled is entitled to funding under TEC, Chapter 48, or in accordance with the terms of a charter granted under TEC, §12.101, for the student's enrollment in an electronic course offered through the state virtual school network in the same manner that the district or school is entitled to funding for the student's enrollment in courses provided in a traditional classroom setting, provided that the student successfully completes the electronic course. TEC, §30A.153(d), authorizes the commissioner to adopt rules necessary to implement the section, including rules regarding student attendance accounting. SB 569, Section 15, allows a school district or open-enrollment charter school to continue providing a course or full-time program under TEC, Chapter 30A, until the end of the 2026-2027 school year; TEC, §37.005, as amended by HB 6, 89th Texas Legislature, Regular Session, 2025, which states that there is no limit to the number of days a student may be assigned to in-school suspension; TEC, §48.004, as amended by HB 2, 89th Texas Legislature, 2025, which states that the commissioner shall adopt rules, take action, and require reports consistent with TEC, Chapter 48, as necessary to implement and administer the FSP; TEC, §48.005, as amended by SB 569, 89th Texas Legislature, Regular Session, 2025, which states that ADA is the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under TEC, §25.081(a), divided by the minimum number of days of instruction. TEC, §48.005(m), authorizes the commissioner to adopt rules necessary to implement the section. Subsections (m-1) and (m-2) address virtual or remote instruction-related funding; TEC, §48.102, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, to be effective September 1, 2026, which states that for each student in ADA in a special education program under TEC, Chapter 29, Subchapter A, in a mainstream instructional arrangement, a school district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 1.15. For each full-time equivalent student ADA attendance in a special education program under TEC, Chapter 29, Subchapter A, in an instructional arrangement other than a mainstream instructional arrangement, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight determined according to its instructional arrangement; TEC, §48.103, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, to be effective September 1, 2026, which states that for each student that a district serves who has been identified as having dyslexia or a related disorder, the district is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 or a greater amount provided by appropriation; TEC, §48.104, as amended by HB 2, 89th Texas Legislature, 2025, which states that for each student who does not have a disability and resides in a residential placement facility in a district in which the student's parent or legal guardian does not reside, a district is entitled to an annual allotment equal to the basic allotment multiplied by 0.2 or, if the student is educationally disadvantaged, 0.275. For each full-time equivalent student who is in a remedial and support program under TEC, §29.081, because the student is pregnant, a district is entitled to an annual allotment equal to the basic allotment multiplied 2.41; TEC, §48.105, as amended by SB 2185 and HB 2, 89th Texas Legislature, 2025, which states that for each student in ADA in a bilingual education or special language program under TEC, Chapter 29, Subchapter B, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 0.1 or 0.15 if the student is in a bilingual education program using a dual language immersion/one-way or two-way program model, and for students not described in subdivision (1), 0.05 if the student is in bilingual education program using a dual language immersion/two-way program model; TEC, §48.106, as amended HB 120 and HB 2, 89th Texas Legislature, 2025, which states that for each full-time equivalent student in ADA in an approved career and technology education program in Grades 7-12 or in career and technology education programs, a district is entitled to an annual allotment equal to the basic allotment multiplied by a weight of 1.35 and $50 for each student that is enrolled in two or more advanced career and technology classes for a total of three or more credits; a campus designated as a P-TECH school under TEC, §29.556; or a campus that is a member of the New Tech Network and that focuses on project-based learning and work-based education; TEC, §48.108, as amended by HB 2, 89th Texas Legislature, 2025, which states that for each student in ADA in Kindergarten-Grade 3, a district is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 if the student is educationally disadvantaged or a student of limited English proficiency, as defined by TEC, §29.052, and in bilingual education or special language program under TEC, Chapter 29, Subchapter B; TEC, §48.109, which states that for each student in the gifted and talented category, the district is entitled to an annual allotment equal to the basic allotment multiplied by 0.07 for each school year or a greater amount provided by appropriation. If by the end of the 12th month after receiving an allotment for developing a program a district has failed to implement a program, the district must refund the amount of the allotment to the agency within 30 days. Not more than five percent of a district's students in ADA are eligible for funding under this section. If the state funds exceed the amount of state funds appropriated in any year for the programs, the commissioner shall reduce the districts tier one allotment. If funds are less than the total amount appropriated for the school year, the commissioner shall transfer the remainder to any program. After each district has received allotted funds for this program, the State Board of Education may use up to $500,000 of the funds allocated under this section for other programs; TEC, §48.270, which states that when, in the opinion of the agency's director of school audits, audits or reviews of accounting, enrollment, or other records of a school district reveal deliberate falsification of the records, or violation of the provisions of TEC, Chapter 48, through which the district's share of state funds allocated under the authority of this chapter would be, or has been, illegally increased, the director shall promptly and fully report the fact to the State Board of Education, the state auditor, and the appropriate county attorney, district attorney, or criminal district attorney; and TEC, §49.204, which states that a school district with a local revenue in excess of entitlement may reduce the district's local revenue level by serving nonresident students who transfer to the district and are educated by the district, but who are not charged tuition.

CROSS REFERENCE TO STATUTE. The amendment implements TEC, §§7.055(b)(35); 12.251, as added by SB 2032, 88th Texas Legislature, Regular Session, 2023; 25.001, as amended by SB 1008, 88th Texas Legislature, Regular Session, 2023, and HB 2757 and SB 226, 89th Texas Legislature, Regular Session, 2025; 25.0344, as added by HB 1959, 88th Texas Legislature, Regular Session, 2023; 25.081, as amended by SB 1647, 88th Texas Legislature, Regular Session, 2023, and SB 569 and SB 991, 89th Texas Legislature, Regular Session, 2025; 25.0812; 25.087, as amended by HB 367 and SB 1049, 89th Texas Legislature, Regular Session, 2025; 25.0875, as added by SB 1049, 89th Texas Legislature, Regular Session, 2025; 28.02124, as amended by HB 3803, 88th Texas Legislature, Regular Session, 2023; 29.081, as amended by SB 1647, 88th Texas Legislature, Regular Session, 2023, and SB 569 and SB 991, 89th Texas Legislature, Regular Session, 2025; 29.0822; 30A.153, as that section existed before repeal by SB 569, 89th Texas Legislature, Regular Session, 2025; 37.005, as amended by HB 6, 89th Texas Legislature, Regular Session, 2025; 48.004, as amended by HB 2, 89th Texas Legislature, 2025; 48.005, as amended by SB 569, 89th Texas Legislature, Regular Session, 2025; 48.102, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, to be effective September 1, 2026; 48.103, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, to be effective September 1, 2026; 48.104, as amended by HB 2, 89th Texas Legislature, 2025; 48.105, as amended by SB 2185 and HB 2, 89th Texas Legislature, 2025; 48.106, as amended HB 120 and HB 2, 89th Texas Legislature, 2025; 48.108, as amended by HB 2, 89th Texas Legislature, 2025; 48.109; 48.270; and 49.204.

§129.1025. Adoption by Reference: Student Attendance Accounting Handbook.

(a) The student attendance accounting guidelines and procedures established by the commissioner of education under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes) and the Texas Education Code, §48.004, to be used by school districts and charter schools to maintain records and make reports on student attendance and student participation in special programs will be published annually.

(b) The standard procedures that school districts and charter schools must use to maintain records and make reports on student attendance and student participation in special programs for school year 2026-2027 [2025-2026] are described in the official Texas Education Agency (TEA) publication 2026-2027 [2025-2026] Student Attendance Accounting Handbook, which is adopted by this reference as the agency's official rule. A copy of the 2026-2027 [2025-2026] Student Attendance Accounting Handbook is available on the TEA website with information related to financial compliance. The commissioner will amend the 2026-2027 [2025-2026] Student Attendance Accounting Handbook by reference and amend this subsection, as needed.

(c) Data from previous school years will continue to be subject to the student attendance accounting handbook as the handbook existed in those years.

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 June 29, 2026.

TRD-202602673

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 9, 2026

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