TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 1. AGENCY ADMINISTRATION
SUBCHAPTER
S.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter S, §§1.213 - 1.219, Higher Education Strategic Planning Committee, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 715). The rules will not be republished.
The repeal eliminates the subchapter and the Higher Education Strategic Planning Committee, which was set to be abolished no later than January 1, 2016, and which no longer meets.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter S.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501350
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6520
SUBCHAPTER
U.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter U, §§1.230 - 1.236, Marketable Skills Task Force, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 715). The rules will not be republished.
The repeal eliminates the subchapter and the Marketable Sills Task Force, which was set to be abolished no later than August 30, 2023, and which no longer meets.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter U.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501351
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6520
CHAPTER 2. ACADEMIC AND WORKFORCE EDUCATION
SUBCHAPTER
J.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 2, Subchapter J, §2.207, Effective Date of Rules, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 716). The rule will not be republished.
This adopted amendment clarifies institutional submission deadlines for renewing their Institutional Plan for Distance Education (IPDE).
Section 2.207, Effective Date of Rules, is amended to clarify the submission deadline for the first renewal submission following the effective date of the amended rules to be within one year of the institution's reaffirmation cycle. Currently §2.207 states, "IPDEs currently on file as of December 1, 2023, will remain filed in good standing until the first due date under §2.205(d)(1)," leaving two potential deadline options. To stagger submission dates, the renewal submission deadline following the effective date of the adopted rule will only be no later than one year after receiving final disposition of the institution's comprehensive renewal of accreditation report from their institutional accreditor, as required by 34 CFR §602.19. This adopted amendment will allow the Coordinating Board and institutions to manage distance education approval workflows appropriately.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Section 61.0512, which requires that institutions must seek prior Coordinating Board approval before offering distance learning courses.
The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 2, Subchapter J, Section 2.207.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501352
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6284
CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER
Y.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 4, Subchapter Y, §§4.380 - 4.385, Provisions Regarding Scholarship to a Relative of a Board Member of an Institution of Higher Education or University System, without changes to the proposed text as published in the February 14, 2025, issue of the Texas Register (50 TexReg 815). The rules will not be republished.
This new section establishes the authority and purpose, definitions, applicability, and substantive requirements relating to mitigating the appearance of favoritism in the offering of certain scholarships at public colleges and universities. The Coordinating Board is authorized to adopt rules regarding this subject by Texas Education Code, §51.969.
The adopted rules are reconstituted from Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter O. Nonsubstantive revisions were made by eliminating unnecessary provisions or definitions, adding citations, and updating rule language for improved clarity.
Rule 4.380, Authority and Purpose, establishes the statutory authority for the subchapter and outlines its purpose. It is the reconstituted and simplified current §21.468.
Rule 4.381, Definitions, establishes definitions for relevant words or phrases used throughout the subchapter. It is the reconstituted §21.469, with definitions removed that are duplicative with §4.3 in the chapter's General Provisions.
Rule 4.382, Applicability, specifies that the rules apply to persons attending any public institution of higher education in Texas. It is the reconstituted and retitled §21.470, with non-substantive revisions to improve clarity.
Rule 4.383, Prohibited Scholarships, establishes the type of applicable scholarships subject to the rules of the subchapter and the circumstances in which an individual may be ineligible for these scholarships. It is the reconstituted §21.471, with nonsubstantive revisions to improve readability.
Rule 4.384, Declaration of Eligibility, outlines the written statement students must file with their institutions prior to receiving a scholarship subject to this subchapter's provisions. It is the reconstituted §21.472.
Rule 4.385, Criminal Penalty, establishes the criminal penalty associated with making a false statement on the Declaration of Eligibility. It is the reconstituted §21.473, with updated citation.
No comments were received regarding the adoption of the new rules.
The new section is adopted under Texas Education Code, Section 51.969, which provides the Coordinating Board with the authority to adopt rules relating to the provisions of that section.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 4.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501353
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 14, 2025
For further information, please call: (512) 427-6365
CHAPTER 10. GRANT PROGRAMS
SUBCHAPTER
A.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 10, Subchapter A, §§10.1 - 10.8, General Provisions, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 717). The rules will not be republished.
The new subchapter sets forth definitions and requirements for all Coordinating Board grant programs and establishes minimum requirements for all grantees receiving grant funds from the Coordinating Board. The adopted subchapter allows the Coordinating Board to enforce uniform and fair standards, definitions, and criteria across all grant programs administered by the agency in accordance with the Texas Grant Management Standards.
Sections 61.035 and 61.051(a)(5) of the Texas Education Code provides the Coordinating Board with authority to administer and monitor Coordinating Board grant funds. To effectively and efficiently administer and monitor Coordinating Board grant programs, the Coordinating Board adopts new rules as follows.
Section 10.1, Purpose and Authority, provides the purpose and authority for the general provisions applicable to Coordinating Board administered grant programs. This section sets forth that this purpose allows for the administration of programs and funds while ensuring necessary compliance monitoring.
Section 10.2, Definitions, establishes standard definitions that may be used across all Coordinating Board grant programs to better aid in Coordinating Board consistency in the administration of grant programs. These standard definitions promote efficient operation of Coordinating Board administered programs.
Section 10.3, Competitive Grant Process, sets forth the minimum requirements for the Coordinating Board to administer a competitive grant program. The minimum standards are designed to comply with the Texas Grant Management Standards and allow for Coordinating Board monitoring of grant programs.
Section 10.4, Non-competitive Grant Process, sets forth the minimum requirements for the Coordinating Board to administer a non-competitive grant program. The minimum standards are designed to comply with the Texas Grant Management Standards and allow for Coordinating Board monitoring of grant programs.
Section 10.5, Grant Awards, sets forth the minimum requirements for the Coordinating Board to issue a grant award as well as the minimum requirements a grantee must meet to receive and retain a grant award. This section is adopted in accordance with §61.035 of the Texas Education Code to ensure funds are distributed in accordance with applicable law and Coordinating Board rules.
Section 10.6, Reporting, sets forth minimum grantee reporting requirements to enable the Coordinating Board to appropriately monitor grantee's use and progress with the grant award. This section is adopted in accordance with §61.035 of the Texas Education Code to ensure funds are expended in accordance with applicable state laws and Coordinating Board rules.
Section 10.7, Compliance, sets forth the minimum compliance requirements a grantee is subject to by receiving a Coordinating Board grant award. These minimum compliance requirements are developed in accordance with the Texas Grant Management Standards and §61.035 of the Texas Education Code.
Section 10.8, Additional Requirements, requires the Coordinating Board to provide grantee written notice in the event grantee makes unauthorized or prohibited expenditures of Coordinating Board grant awards. These requirements ensure that grant funds are used in accordance with applicable laws and Coordinating Board rules as well as to ensure programs are administered to reach the state's goals.
Section 10.8 further provides the grantee with an opportunity to contest such notice and requires the grantee to reimburse the Coordinating Board for unauthorized or prohibited expenditures. This rule allows the Grantee an opportunity to be heard and for the Coordinating Board to review. It also helps to ensure that the Coordinating Board is able to administer grant funds in accordance with applicable law and Coordinating Board rules.
No comments were received regarding adoption of the new rules.
The new sections are adopted under Texas Education Code, Sections 61.035 and 61.051(a)(5), which provide the Coordinating Board with the authority to administer and monitor the distribution of grant funds.
The adopted new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 10, Grant Programs.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501356
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6375
CHAPTER 13. FINANCIAL PLANNING
SUBCHAPTER
P.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 13, Subchapter P, §§13.470 - 13.477, Community College Finance Program for Fiscal Year 2024, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 719). The rules will not be republished.
The adopted repeal removes sections superseded by rules adopted by the Coordinating Board in April 2024 which are now in Chapter 13, Subchapter S, of this title.
The Coordinating Board initially adopted rules relating to the new community college finance system on an emergency basis in August 2023, including Subchapter P in Chapter 13, allowing for the implementation of H.B. 8 by the start of the 2024 fiscal year. Chapter 13, Subchapter S, which became effective on September 1, 2024, is the primary community college finance subchapter beginning in fiscal year 2025.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 130A.005, which provides the Coordinating Board with the authority to adopt rules and take other actions consistent with Texas Education Code, Chapter 61, Chapter 130, and Chapter 130A to implement Tex. H.B. 8, 88th Leg., R.S. (2023). In addition, Texas Education Code, Section 130.355, permits the Coordinating Board to establish rules for funding workforce continuing education.
The adopted repeal affects Texas Education Code, Sections 28.0295, 61.003, 61.059, 130.003, 130.0031, 130.0034, 130.008, 130.085, 130.310, 130.352 and Chapter 130A.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501358
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6495
CHAPTER 21. STUDENT SERVICES
SUBCHAPTER
O.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 21, Subchapter O, §§21.468 - 21.474, Provisions Regarding Scholarships to Relatives of Board Members of Institutions of Higher Education and University Systems, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 724). The rules will not be republished.
This repeal allows the relocation of this subchapter to a more appropriate location in Coordinating Board rules. The Coordinating Board is authorized by Texas Education Code, §51.969, to adopt rules relating to the provisions of that section.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 51.969, which provides the Coordinating Board with the authority to adopt rules relating to the provisions of that section.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501359
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6365
CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS
SUBCHAPTER
A.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments and new rules in Title 19, Part 1, Chapter 22, Subchapter A, General Provisions, §22.1 and §22.9, with changes to the proposed text as published in the February 28, 2025, issue of the Texas Register (50 TexReg 1071). The rules will be republished. Sections 22.2, 22.4, and 22.7, 22.8, 22.10, and 22.11, are adopted without changes and will not be republished.
The amendments and new sections update terminology and definitions used throughout the chapter, restructure rules within the subchapter for greater clarity, and provide greater detail in how and to which programs the general provisions should be applied.
The Coordinating Board is authorized to adopt rules to effectuate the provisions of Texas Education Code (TEC), Chapter 61, including §61.051(a)(5) regarding the administration of financial aid programs.
Included throughout the subchapter are a number of nonsubstantive updates to rule language. References to the Coordinating Board as an agency, for example, previously written as "Board" or "Board staff," are revised to "Coordinating Board" to ensure the distinction is clear between the agency and its governing board. Similarly, the word "award" is changed to refer more precisely to a particular kind(s) of financial assistance.
Rule 22.1, Definitions, is amended by adding and removing several definitions, as well as amending definitions to more closely align with other defined terms. Several of the additions are commonly used terms throughout the chapter that have statutory definitions in TEC, §61.003. These terms have been consolidated into the General Provisions to ensure consistent usage and avoid citation issues that might arise from changes to TEC, §61.003. The term "forecast" was defined in multiple subchapters with slightly different definitions (though no practical difference); these definitions are consolidated in §22.1 with no change in function. Finally, to align more closely with changes to the federal financial aid process, the term "Student Aid Index" is added and will be used extensively throughout the chapter as a replacement for "Expected Family Contribution." Multiple definitions are removed as they are no longer needed or are being replaced with more precise terms.
Rule 22.2, Timely Distribution of Funds, is amended by adding provisions related to re-offering of funds and late disbursements of gift aid. New subsection (b) is the reconstituted §22.11(f), amended to clarify that it is applicable to all financial adjustments, not only grants. New subsection (c) is the reconstituted §22.11(g), amended to clarify that it applies to all gift aid. These adjustments do not represent a change in Coordinating Board practices or expectations.
Rule 22.4, Records Retention, is amended by eliminating subsection (a), which is simply an unnecessary directive to institutions to follow the rules within the section and making conforming formatting changes.
Rule 22.7, Financial Aid Uses, is added to specify the appropriate uses for state financial aid programs. This section is the reconstituted §22.11(c), amended slightly to make it more broadly applicable (to all financial aid, rather than simply grants or work-study). This does not represent a change in Coordinating Board practices or expectations.
Rule 22.8, Financial Aid Adjustments, is added to provide guidance to institutions in managing various financial aid adjustments. The bulk of the language is reconstituted from §22.11(d) and (e), with a few notable changes. First, provisions related to adjustments resulting from a student withdrawing from his/her institution are separated to offer more specific guidance in the case of gift aid versus loans. Subsection (b), related to over awards, frames the concept as a type of financial aid adjustment, rather than a separate concept as it has been previously. Finally, the new rule provides greater specificity regarding adjustments to financial aid resulting from a student becoming ineligible for particular financial aid programs after already receiving financial assistance from them. Subsection (d) provides general guidance in any other cases not addressed by the rest of the rule.
Rule 22.9, Institutional Responsibilities, is amended to align with the Coordinating Board's compliance monitoring role in TEC, §61.035, and the current practice between the Coordinating Board and the institutions as reflected in the program participation agreements, and furthermore to clarify the institutions' specific obligations with respect to allocated program funds.
Rule 22.10, Grade Point Average Calculations for Satisfactory Academic Progress, is amended to clarify that institutions have the discretion to include grades from prior institutions in determining whether a student's grade point average satisfies satisfactory academic progress requirements and may use the higher of the calculations.
Rule 22.11, Authority to Transfer Funds, is amended first by eliminating the specific program references in the title and narrowing the subject of the rule to focus only on the authority to transfer funds. Subsection (a) is eliminated entirely and not moved elsewhere in the chapter, as it merely restates statute. Subsection (b)(1), which implements a legislative rider, is retained with minor edits and the addition of the specific July 1 deadline. Subsection (b)(2) is eliminated as the allocations for the Texas College Work-Study Program and Work-Study Student Mentorship Programs have been combined. Subsections (c) - (g) are removed but the substance of these provisions has been relocated elsewhere in this subchapter, as described above.
Subsequent to the posting of the rules in the Texas Register , the following changes are incorporated into the adopted rule.
Section 22.1 definitions for "Expected Family Contribution" and "Student Aid Index" are switched in form to reflect that Student Aid Index is the more commonly used term in financial aid administration.
Section 22.9(d) is amended to reflect the potential roles of the Board, Commissioner, and Internal Auditor with respect to this function, to more closely align with the applicable statute and audit-related rules and procedures.
The following comments were received regarding the adoption of the new rules and amendments.
Comment: South Texas College commented to note that the term "Expected Family Contribution," defined in §22.1, is outdated and has been changed to Student Aid Index under the federal FAFSA Simplification Act.
Response: The Coordinating Board appreciates the comment. The commenter is correct that the term Expected Family Contribution has been phased out at the federal level in favor of Student Aid Index. However, the term Expected Family Contribution still exists in the Texas Education Code across multiple financial aid programs. As such, definitions for both Expected Family Contribution and Student Aid Index are necessary to align these terms. To provide greater clarity, the definitions will be updated so that Student Aid Index refers to a measure utilized to calculate a student's financial need as regulated and defined by the methodology used for federal student financial aid and Expected Family Contribution refers to a student's Student aid Index.
The amendments and new sections are adopted under Texas Education Code, Section 61.051(a)(5), which provides the Coordinating Board with the authority to administer state financial aid programs.
The adopted amendments and new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 22.
§
22.1.
The following words and terms, when used in chapter 22, shall have the following meanings, unless otherwise defined in a particular subchapter:
(1) Academic Year--The combination of semesters defined by a public or private institution of higher education to fulfill the federal "academic year" requirement as defined by 34 CFR 668.3.
(2) Attempted Semester Credit Hours--Every course in every semester for which a student has been registered as of the official Census Date, including but not limited to, repeated courses and courses the student drops and from which the student withdraws. For transfer students, transfer hours and hours for optional internship and cooperative education courses are included if they are accepted by the receiving institution towards the student's current program of study.
(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.
(4) Categorical Aid--Gift aid that the institution does not award to the student, but that the student brings to the school from a non-governmental third party.
(5) Commissioner--The Texas Commissioner of Higher Education.
(6) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.
(7) Cost of Attendance/Total Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, personal expenses, and other allowable costs for financial aid purposes).
(8) Credit--College credit earned through the successful completion of a college career and technical education or academic course that fulfills specific requirements necessary to obtain an industry-recognized credential, certificate, associate degree, or other academic degree.
(9) Degree or Certificate Program of Four Years or Less--A baccalaureate degree, associate degree, or certificate program other than a program determined by the Coordinating Board to require four years or more to complete.
(10) Degree or Certificate Program of More Than Four Years--A baccalaureate degree or certificate program determined by the Coordinating Board to require more than four years to complete.
(11) Encumber--Program funds that have been officially requested by an institution through procedures developed by the Coordinating Board.
(12) Equivalent of a Semester Credit Hour--A unit of measurement for a continuing education course, determined as a ratio of one continuing education unit to ten contact hours of instruction, which may be expressed as a decimal. For the purpose of conversion, 1.6 continuing education units of instruction equals one semester credit hour of instruction. In a continuing education course, not fewer than sixteen contact hours are equivalent to one semester credit hour.
(13) Expected Family Contribution (EFC)--A student's Student Aid Index, as the term is defined in this section.
(14) Financial Need--The Cost of Attendance at a particular institution of higher education or private or independent institution of higher education less the Student Aid Index as those terms are defined in this section.
(15) Forecast--The FORECAST function in Microsoft Excel, or a comparable forecasting function.
(16) Full-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of twelve or more semester credit hours per semester. For graduate students, enrollment or expected enrollment for the normal full-time course load of the student's program of study as defined by the institution.
(17) General Academic Teaching Institution--As defined in Texas Education Code, §61.003.
(18) Gift Aid--Grants, scholarships, exemptions, waivers, and other financial aid provided to a student without a requirement to repay the funding or earn the funding through work.
(19) Graduate Student--A student who has been awarded a baccalaureate degree and is enrolled in coursework leading to a graduate or professional degree.
(20) Half-Time--For undergraduates, enrollment or expected enrollment for the equivalent of at least six but fewer than nine semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 50 percent of the normal full-time course load of the student's program of study as defined by the institution.
(21) Institution of Higher Education--As defined by Texas Education Code, §61.003.
(22) Medical or Dental Unit--As defined by Texas Education Code, §61.003.
(23) Period of Enrollment--The semester or semesters within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all eligibility requirements for financial assistance offered under this chapter.
(24) Private or Independent Institution of Higher Education--As defined by Texas Education Code, §61.003.
(25) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Coordinating Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the determination of student eligibility, selection of recipients, maintenance of all records, and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the institution's chief executive officer, the director of student financial aid shall serve as Program Officer.
(26) Public Junior College--As defined by Texas Education Code, §61.003.
(27) Public State College--As defined by Texas Education Code, §61.003.
(28) Public Technical Institute-As defined by Texas Education Code, §61.003.
(29) Resident of Texas--A resident of the State of Texas as determined in accordance with chapter 21, subchapter B, of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.
(30) Semester--A payment period, as defined by 34 CFR 668.4(a) or 34 CFR 668.4(b)(1).
(31) Semester Credit Hour--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with Federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.
(32) Student Aid Index (SAI)--A measure utilized to calculate a student's financial need as regulated and defined by the methodology used for federal student financial aid.
(33) Three-Quarter-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of at least nine but fewer than twelve semester credit hours per semester. For graduate students, enrollment or expected enrollment for the equivalent of 75 percent of the normal full-time course load of the student's program of study as defined by the institution.
(34) Undergraduate Student--An individual who has not yet received a baccalaureate degree.
§
22.9.
(a) Probation Notice. If the institution is placed on probation by its accrediting agency, the institution shall immediately notify the Coordinating Board and advise state financial aid recipients of this condition and maintain evidence to demonstrate that state financial aid program recipients were so informed.
(b) Disbursements to Students.
(1) Documentation. Each institution shall maintain records to prove the crediting of state financial aid program funds to the student's school account.
(2) Procedures in Case of Unauthorized Disbursements. If an institution receives an audit or compliance monitoring finding or otherwise determines that the institution has disbursed state financial aid program funds for unauthorized purposes, whether over-allocated, misused, or misallocated, the Program Officer shall notify the Coordinating Board within five business days.
(3) If the Commissioner determines that the institution has made an unauthorized disbursement, the Commissioner will notify the Program Officer of this determination in writing.
(4) The Commissioner may demand, in writing, that the institution return the funds to the Coordinating Board. The institution may comply with this demand and return the funds to the Coordinating Board within thirty calendar days of receipt, unless the Commissioner specifically permits a later deadline. If the institution elects not to comply with this demand, the Coordinating Board may utilize additional tools of recovery, as permitted by law, including any means of recovery authorized by Texas Education Code, §61.035.
(5) In addition, the Commissioner may subject the institution to compliance monitoring.
(6) The Coordinating Board shall not disburse further funds from the program in question to the institution until the funds have been repaid.
(c) Reporting Requirements/Deadlines. Each institution shall submit such reports and information as the Coordinating Board may require in connection with the administration or evaluation of the state financial aid programs. These materials must be submitted within the time allotted by the Coordinating Board for each such report or information request. The Program Officer shall ensure that all reports and information provided to the Coordinating Board properly reflect the facts and certify that those reports may be relied upon as being complete and accurate.
(d) Compliance Monitoring. If selected for such by the Board, Commissioner, or Internal Auditor, a participating institution shall submit to reviews of activities related to state financial aid programs.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501360
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 28, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
B.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 22, Subchapter B, §22.24, Tuition Equalization Grant Program, with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 725). The rules will be republished. Sections 22.22, 22.23, and 22.25 - 22.30 are adopted without changes and will not be republished.
This amendment aligns rule language and terminology with usage throughout Chapter 22, clarifies potential ambiguities in rules, and improves the overall readability of the subchapter.
The Coordinating Board is authorized to adopt rules related to the Tuition Equalization Grant (TEG) Program by Texas Education Code (TEC), §61.229.
The subchapter is retitled to conform with naming conventions throughout Chapter 22.
Included throughout the subchapter are a number of nonsubstantive updates to rule language. References to the Coordinating Board as an agency, for example, previously written as "Board" or "Board staff," are revised to "Coordinating Board" to ensure the distinction is clear between the agency and its governing board. Similarly, the word "award" is changed to the more precise "grant" as a noun and "offer" as a verb, to avoid potential confusion.
References to theological seminaries and religious degree programs have been removed in alignment with legal determinations stemming from recent federal court decisions.
Rule 22.22, Definitions, is amended to eliminate definitions that either are duplicative or unnecessary. The terms "forecast" and "private or independent institution of higher education" have been moved to the chapter's General Provisions and therefore are redundant in this subchapter. "Program maximum" is unchanged conceptually but moved to §22.28(a) to align with the rule structure and flow of other programs in this chapter.
Rule 22.23, Eligible Institutions, is amended to enhance readability through more specific citations to other rules and to clarify potential ambiguities. Paragraph (a)(5) is amended to clarify that the Commissioner of Higher Education makes determinations regarding temporary approvals for alternatively accredited institutions and that renewals of that approval may be renewed twice for two years each time, for maximum of six years of temporary approval possible. This does not reflect a change in Coordinating Board practices.
Rule 22.24, Eligible Students, is amended to align eligibility criteria more closely with defined terms and the rules of other programs in this chapter. Paragraph (a)(8) is added to align the rule with current practice regarding the Selective Service requirement for program eligibility. Paragraph (b)(2) is amended to specify which year's Pell Grant eligibility cap is used to establish eligibility for exceptional TEG need and to eliminate a potentially confusing reference to the Financial Aid Database. None of the amendments to this section reflect a change in the eligibility for the Tuition Equalization Grant.
Rule 22.25, Satisfactory Academic Progress, is amended to make clarifying changes to the rule language and citations. Subparagraph (b)(1)(A) is simplified by eliminating confusing and unnecessary language regarding satisfactory academic progress requirements following the student's second year in the TEG program.
Rule 22.26, Discontinuation of Eligibility or Non-Eligibility, is amended by making clarifying changes to the time-based discontinuation of eligibility provisions. The current rule language is ambiguous as to what constitutes the "anniversary" from which the five/six-year eligibility is measured. This language is amended to align both with Coordinating Board practice and with rule language in other programs in this chapter. There is no change in policy as a result of this amendment.
Rule 22.27, Hardship Provisions, is amended to conform the hardship provisions with the rule language throughout the chapter.
Rule 22.28, Grant Amounts, is amended by adding the "program maximum" concept that previously was contained in the term's definition in §22.22. There is no change in Coordinating Board policy or practice as a result of this amendment. The section is retitled to more closely align with naming conventions throughout the chapter, as well as the fact that no provisions in the section currently relate to grant adjustments.
Rule 22.29, Allocation of Funds, is amended to make nonsubstantive language improvements only. Allocation "base" is changed to "share" in paragraph (a)(2) to reflect that no alterations are made to the figure. There is no change to the allocation methodology as a result of these amendments.
Rule 22.30, Disbursement of Funds, is amended by making nonsubstantive language improvements and by adding a citation to relevant rules in the chapter's General Provisions.
Subsequent to the posting of the rules in the Texas Register , the following changes were incorporated into the adopted rule.
Rule §22.24(a)(5) is amended to remove a reference to degree plans that are intended to lead to religious ministry. The reference should have been proposed for repeal along with other such references in the subchapter but was inadvertently left in place.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Section 61.229, which provides the Coordinating Board with the authority to adopt rules related to the Tuition Equalization Grant Program.
The adopted amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 22.
§
22.24.
(a) To receive a grant through the TEG Program, a student must:
(1) be enrolled at least three-quarter-time;
(2) show financial need, as defined by §22.1 of this chapter (relating to Definitions);
(3) maintain satisfactory academic progress in his or her program of study as determined by the institution at which the person is enrolled and as required by §22.25 of this subchapter (relating to Satisfactory Academic Progress);
(4) be a resident of Texas, as defined in §22.1 of this chapter;
(5) be enrolled in a participating institution in an individual degree plan leading to the student's first associate degree, first baccalaureate degree, first master's degree, first professional degree, or first doctoral degree;
(6) be required to pay more tuition than is required at a comparable public college or university and be charged no less than the tuition required of all similarly situated students at the institution;
(7) not concurrently receive any form of athletic scholarship; and
(8) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration).
(b) To demonstrate eligibility for exceptional TEG need, a student must:
(1) be an undergraduate student; and
(2) have a Student Aid Index less than or equal to fifty percent of the Federal Pell Grant eligibility cap for the academic year in which the grant is offered.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501362
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
L.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules and amendments to Title 19, Part 1, Chapter 22, Subchapter L, §22.226, Toward EXcellence, Access, and Success (TEXAS) Grant Program, with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 729). The rule will be republished. Sections 22.227 - 22.231, 22.233, 22.234, 22.236, 22.238, and 22.241, are adopted without changes and will not be republished.
The amendments and new section aligns rule language and terminology with rules throughout the chapter, resolve potential ambiguities in rule language, and improve the overall readability of the subchapter.
The Coordinating Board is authorized to adopt rules related to the TEXAS Grant Program by Texas Education Code, §56.303.
Included throughout the subchapter are a number of nonsubstantive updates to rule language. References to the Coordinating Board as an agency, for example, previously written as "Board" or "Board staff," are revised to "Coordinating Board" to ensure the distinction is clear between the agency and its governing board. Similarly, the word "award" is changed to the more precise "grant" as a noun and "offer" as a verb, to avoid potential confusion.
Rule 22.226, Definitions, is amended by eliminating several duplicative or unnecessary definitions and aligning remaining ones with defined terms in the General Provisions of the chapter. The terms defined in current paragraphs (2), (3), (6), (8), and (13) all are defined in (or are proposed to be defined in) rule 22.1 in the chapter's General Provisions. "Encumbered funds" is unused in the subchapter and accordingly, is eliminated, as "encumber" is already defined in the chapter's General Provisions. The terms "public institution" and "private institution" are eliminated for rule clarity, owing to their proximity to defined terms "institution of higher education" and "private or independent institution of higher education."
Rule 22.227, Eligible Institutions, is amended by eliminating (in paragraph (a)(1)) unnecessary provisions related to the phase out of TEXAS grants offered by two-year institutions of higher education and aligning rule language to defined terms.
Rule 22.228, Eligible Students, is amended to align the rule language with defined terms and clarify a few eligibility criteria. The Coordinating Board's interpretation of the requirement to "have applied for any available financial aid assistance" (paragraph (a)(3)) in this and other programs is for the student to have completed the Free Application for Federal Student Aid or, as needed, the Texas Application for State Financial Aid. The amendments to the rule improve the clarity of the rule and align with current practice. Similarly, the amendments specify that paragraph (a)(5) refers to the Selective Service requirement. Subparagraphs (a)(6)(C) and (a)(6)(D) are clarified by removing the word "continuing" before "undergraduate student." In the context of the rule, it appeared that "continuing" was intended to contrast with "entering undergraduate" in subparagraphs (a)(6)(A) and (a)(6)(B), when in fact, the word does not have a specific meaning. For clarity's sake, then, it is removed. Finally, current paragraph (b)(7) is changed to subsection (c) to establish that it is conceptually different from the continuation grant eligibility criteria listed in subsection (b).
Rule 22.229, Satisfactory Academic Progress, is amended by updating rule language to use defined terms and more specific citations to other rules in the chapter and subchapter.
Rule 22.230, Discontinuation of Eligibility or Non-Eligibility, is amended by adding subsection (a), a restriction on a TEXAS Grant recipient concurrently receiving a Texas Educational Opportunity Grant or Texas Transfer Grant. This restriction aligns with current practice. Rule language in paragraphs (e)(1) and (e)(2) regarding time-related discontinuation of eligibility in certain circumstances is updated to align with the more specific language in subsection (d).
Rule 22.231, Hardship Provisions, is amended to align the subchapter's hardship provisions with those of other programs in its chapter. The provision related to completion rate in paragraph (a)(3) is eliminated as it is no longer relevant to the program.
Rule 22.233, Priority in Grants to Students, is amended to replace the term "expected family contribution" with the newer, "Student Aid Index" (no change in meaning) and to correct a citation.
Rule 22.234, Grant Amounts, is amended by rephrasing subsection (d) for improved readability. The amendments do not represent a change in policy.
Rule 22.236, Allocation and Disbursement of Funds, is amended by aligning rule language with defined terms, making nonsubstantive clarifying edits, and separating provisions relating to disbursement of funds to a separate section. The section is retitled accordingly. Subparagraph (a)(1)(B) is corrected by eliminating the word "entering" before "undergraduate transfer student." The term "entering undergraduate" is defined in §22.226 of the subchapter but used inadvertently here simply to mean "undergraduate transfer student entering an institution." This amendment does not reflect a change in allocation methodology. Paragraph (a)(2) is eliminated, as it relates to the phase out of TEXAS grants offered by two-year institutions of higher education. Finally, subsection (d) is removed and reconstituted as §22.238. There are no changes to the allocation methodology as a result of any amendment to this rule.
Rule 22.238, Disbursement of Funds, is added as the reconstituted §22.236(b), with no changes other than an added citation to a relevant rule in the chapter's General Provisions.
Rule 22.241, Tolling of Eligibility for Initial Year Grant, is amended by aligning language to defined terms and updating citations to other rules in the subchapter.
Subsequent to the posting of the rules in the Texas Register , the following changes are incorporated into the adopted rules.
Rule 22.226(6), Definitions, is amended to correct grammatical errors.
No comments were received regarding the adoption of the new rule and amendments.
The amendments and new section are adopted under Texas Education Code, Section 56.303, which provides the Coordinating Board with the authority to adopt rules related to the Toward EXcellence, Success, and Access (TEXAS) Grant Program.
The adopted amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 22.
§
22.226.
In addition to the words and terms defined in §22.1 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:
(1) Continuation Grant--A TEXAS Grant offered to a person who has previously received an initial year grant.
(2) Entering Undergraduate--A student enrolled in the first thirty semester credit hours or their equivalent, excluding hours taken during dual enrollment in high school and courses for which the student received credit through examination.
(3) Initial Year Grant--The TEXAS Grant offered in the student's first year in the TEXAS Grant Program.
(4) Prior-Prior Year--For allocation purposes, the state fiscal year that began two years earlier than the fiscal year for which the allocation is being calculated.
(5) Program--The Toward EXcellence, Access and Success (TEXAS) Grant program.
(6) Required Fees--A mandatory fee (required by statute) or discretionary fee (authorized by statute, imposed by the governing board of an institution of higher education) and that an institution of higher education charges to a student as a condition of enrollment at the institution of higher education or in a specific course.
(7) Target Grant Amount--An amount set by the Coordinating Board, in consultation with institutions of higher education participating in the TEXAS Grant Program, and used as the recommended average grant amount for the TEXAS Grant Program for a biennium and in establishing renewal year allocations to participating institutions of higher education as described in §22.236(a)(1) of this chapter (relating to Allocation and Reallocation of Funds).
(8) Tuition--Statutory tuition, designated and/or Board-authorized tuition, as defined in §13.142 of this title (related to Definitions).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501364
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
M.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to, Title 19, Part 1, Chapter 22, Subchapter M, §§22.254 - 22.262, 22.264, and 22.265, Texas Educational Opportunity Grant Program, without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 735). The rules will not be republished.
This amendment aligns rule language and terminology with other programs in the chapter and clarifies potential ambiguities in the rules.
The Coordinating Board is authorized to adopt rules relating to the Texas Educational Opportunity Grant (TEOG) Program by Texas Education Code, §56.403.
Included throughout the subchapter are a number of nonsubstantive updates to rule language. References to the Coordinating Board as an agency, for example, previously written as "Board" or "Board staff," are revised to "Coordinating Board" to ensure the distinction is clear between the agency and its governing board. Similarly, the word "award" is changed to the more precise "grant" as a noun and "offer" as a verb, to avoid potential confusion.
Rule 22.254, Definitions, is amended by eliminating the term "forecast," which is being added to §22.1 in the chapter's General Provisions, and by making nonsubstantive changes to existing definitions to align with terminology and usage throughout the chapter.
Rule 22.255, Eligible Institutions, is amended to make nonsubstantive changes related to citations to other rules in the chapter and to clarify references to the TEOG program by capitalizing the word Program as appropriate.
Rule 22.256, Eligible Students, is amended by aligning rule language with defined terms and clarifying subsection (a)(3). The Coordinating Board's interpretation of the requirement to "have applied for any available financial aid assistance" in this and other programs is for the student to have completed the Free Application for Federal Student Aid or, as needed, the Texas Application for State Financial Aid. The amendments to the rule improve the clarity of the rule and align with current practice. Also added is subsection (a)(6), which relates to the Selective Service eligibility requirement. This, too, is current practice but was inadvertently excluded from the rule. None of these amendments reflect a change in eligibility criteria for the program.
Rule 22.257, Satisfactory Academic Progress, is amended by aligning rule language with defined terms, making nonsubstantive clarifying edits, and updating subsection (c) with a more specific citation.
Rule 22.258, Discontinuation of Eligibility or Non-Eligibility, is amended to align rule language with defined terms and specify references to the TEOG program via capitalization.
Rule 22.259, Hardship Provisions, is amended to align hardship provisions for the program with other programs in the chapter.
Rule 22.260, Priorities in Grants to Students, is amended to align rule language with defined terms, replace "expected family contribution" with the newer term, "Student Aid Index" (no change in meaning), and specify references to the TEOG program via capitalization.
Rule 22.261, Grant Amounts, is amended by eliminating the unnecessary subsection (a) -- no rule is required to establish the Coordinating Board's statutory spending limit for the program -- restructuring the rule for improved readability by moving current subsection (b)(1) to become the new subsection (b), and clarifying that the reduction in excess charges described by subsection (c)(2) is considered an exemption, rather than a waiver. There is no change to the overall function of the rule.
Rules 22.262, Allocation of Funds - Public Junior Colleges, and 22.264, Allocation of Funds - Public Technical and State Colleges, are amended to align rule language with defined terms and provide greater detail into the existing allocation methodologies for public junior colleges, and public state colleges and technical institutes, respectively. In both rules, subsection (a)(1)(B) is amended with added language regarding the weighting of half-time, three-quarter time, and full-time students in the allocation formula. This weighting already occurs but had not been stated explicitly in the rule text. It has been added for greater transparency. None of the amendments to either rule should be interpreted as changing the allocation methodologies for this program.
Rule 22.265, Disbursement of Funds to Institutions, is amended by adding a citation to a relevant rule in the chapter's General Provisions.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Section 56.403, which provides the Coordinating Board with the authority to adopt rules related to the Texas Educational Opportunity Grant program.
The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2025.
TRD-202501366
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2025
Proposal publication date: February 7, 2025
For further information, please call: (512) 427-6365
PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 231. REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS
SUBCHAPTER
F.
The State Board for Educator Certification (SBEC) adopts the repeal of §231.701, new §231.701 and §231.710, and amendment to §231.709, concerning special education-related services personnel assignments. The repeal of §231.701, new §231.701, and the amendment to §231.709 are adopted without changes to the proposed text as published in the January 10, 2025 issue of the Texas Register (50 TexReg 236) and will not be republished. New §231.710 is adopted with changes to the proposed text as published in the January 10, 2025 issue of the Texas Register (50 TexReg 236) and will be republished. The adopted revisions provide requirements for school districts to make personnel assignment decisions based on the correlating certification and demonstration of content proficiency requirements. The adopted revisions also expand the list of certificates appropriate for personnel serving in special education-related assignments and include a section dedicated to requirements for an assignment of Teachers of Students who are Deafblind.
REASONED JUSTIFICATION: The SBEC rules in 19 Texas Administrative Code (TAC) Chapter 231 establish the personnel assignments that correlate with appropriate certifications. The list of courses, organized by grade level and subject area, identify the corresponding certificates and requirements for placement of individuals into classroom and/or campus assignments. This information assists districts with hiring and personnel assignment decisions.
The adopted revisions to 19 TAC Chapter 231, Subchapter F, Special Education-Related Personnel Assignments, address requirements for placement into special education-related personnel assignments. These adopted revisions, as a part of the broader special education teacher certification redesign plan, ensure that special education teachers are knowledgeable of the grade-level content in which they teach, while allowing flexibility in how this content knowledge is demonstrated.
During the December 2024 meeting, the SBEC approved the proposed revisions to 19 TAC Chapter 231, Subchapter F, Special Education-Related Personnel Assignments, and the Texas Content Competency Worksheet for Special Education Teachers of Record (Grades EC-12).
Previous SBEC Discussion
A summary of previous SBEC discussion is outlined in the following table.
Figure: 19 TAC Chapter 231, Subchapter F - Preamble (.pdf)
Adopted Updates to Subchapter F, Special Education-Related Services Personnel Assignments:
The following is a description of the adopted revisions to 19 TAC Chapter 231, Subchapter F.
Adopted New 19 TAC §231.701. Special Education Teacher:
The adopted repeal of and new 19 TAC §231.701, Special Education Teacher, clearly articulates requirements for placement into special education assignments at the elementary and secondary levels.
Adopted new 19 TAC §231.701(a) specifies the effective date of provisions in this revised section.
Adopted new 19 TAC §231.701(b) specifies the required SBEC-issued special education certificate needed to serve in an assignment of special education teacher.
Adopted new 19 TAC §231.701(c) clarifies that the certificates listed in subsection (a) are appropriate for Prekindergarten-Grade 12 unless additional requirements are noted elsewhere.
Adopted new 19 TAC §231.701(d) specifies content area competency requirements for teachers in an assignment of special educator serving as the teacher of record. These adopted rules require special education teachers of record to hold a valid content area certificate that matches the subject and grade level of the assignment or meet all requirements as outlined in the Texas Content Area Competency Worksheet for Special Education Teachers of Record adopted in rule as Figure: 19 TAC §231.701(d).
In response to public comment, changes were made to Figure: 19 TAC §231.701(d) at adoption that include allowing the additional criteria of holding a content-aligned National Board Certification, holding a Teacher Incentive Allotment designation, and completing relevant professional development within the last five years as qualifying factors for demonstration of content knowledge. Additional flexibility was added for secondary teachers of record for multiple content areas.
Adopted new 19 TAC §231.701(e) specifies that the employing school district is responsible for ensuring educators are trained to meet the needs of their assignment.
Adopted Amendment to 19 TAC §231.709. Teacher of Students with Auditory Impairments
The adopted section title aligns with certificate naming conventions and more accurate terminology used in the field.
The adopted amendment to 19 TAC §231.709(a)-(c) strikes "Teacher of Students with Auditory Impairments" and replaces it with "Teacher of the Deaf and Hard of Hearing" to align with the new section title and more appropriate terminology used in the field.
Adopted New 19 TAC §231.710. Teacher of Students who are Deafblind
Adopted new 19 TAC §231.710, Teachers of Students who are Deafblind, specifies the Deafblind Supplemental: Early Childhood-Grade 12 certificate as the appropriate credential for placement into this teaching assignment.
Adopted new 19 TAC §231.710(a) specifies the certification requirement for an assignment of Teachers of Students who are Deafblind.
Adopted new §231.710(b) provides a list of additional certificates a teacher of students who are Deafblind might hold.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began January 10, 2025, and ended February 10, 2025. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 14, 2025 meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comments were received on the proposal.
Comment: The Texas Classroom Teachers Association supported the clarification in the rule that allows certain special education teachers to be grandfathered from the new requirements for demonstrating content competency if their campus administrator indicates that they have met the HOUSSE (High Objective Uniform State Standard of Evaluation) requirements.
Response: The SBEC agrees. The proposed rule text ensures special education teachers who previously met HOUSSE requirements can continue to serve in their placements with no disruption, pending administrator attestation in Section B of the Texas Core Content Competency Worksheet for Special Education Teachers of Record.
Comment: One teacher requested that a certification track for special educators who teach alternate curriculum in life skills, autism, or functional academics classes be developed to provide opportunities for teachers who would no longer be eligible to teach in these areas under the proposed rules.
Response: The SBEC disagrees. While it is under the SBEC's authority to explore new certification options for teachers, the rules ensure those teachers who previously met HOUSSE can continue to serve in their placement and provide flexible options for teachers who did not previously meet HOUSSE requirements to demonstrate their content competency.
Comment: One administrator suggests that continuing the option for secondary special education teachers who are the teacher of record for all four core subject areas for secondary students assessed on alternative achievement standards and who provide instruction exclusively at the elementary level to have the appropriate special education certification plus elementary certification would be very helpful.
Response: The SBEC disagrees. Federal requirements state that all students, including those with the most significant cognitive disabilities assessed on alternate achievement standards, should have access to general education curriculum for the grade level in which the students are enrolled. The proposed rules continue to require the appropriate special education certification, and the Texas Core Content Competency Worksheet for Special Education Teachers of Record provides flexible options for all special education teachers of record, including those at the secondary level responsible for all four core content areas, to demonstrate their content competency.
Comment: One administrator supported the proposed revisions to §231.701, Special Education Teacher, and stated that they are essential to updating HOUSSE regulations.
Response: The SBEC agrees. The Texas Core Content Competency Worksheet for Special Education Teachers of Record provides an alternate pathway for special education teachers of record to demonstrate their content proficiency if they do not hold the aligned content certification.
Comment: One school psychologist commented with concerns and recommended a reconsideration of the proposal as it relates to certifying educators who provide psychological services.
Response: The public comment is outside the scope of the proposed rulemaking, as school psychologist requirements are included in 19 TAC Chapter 231, Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments.
Comment: One Texas administrator expressed concern that increasing certification requirements for special education teachers will increase the difficulty in recruiting new teachers to the field as well as keeping those already in the field. The commenter also stated that the proposed change might increase the expectations of special education teachers, which could be a detriment to recruitment.
Response: The SBEC disagrees. The rules would not increase certification requirements. Instead, the rules specify that all special education teachers need a special education certification, and special education teachers serving as teacher of record need to demonstrate content competency, either through content certification or by meeting requirements outlined in the Texas Content Competency Worksheet for Special Education Teachers of Record.
Comment: One individual commented that the proposed changes requiring 24 points across all content areas with no areas having less than three points will present undue obstacles for teachers who do not have access to some of the options. The commenter suggested a requirement of 24 points that can be achieved in any way possible given the activities listed on the proposal, without the stipulation of having less than three points in all areas.
Response: The SBEC disagrees. In an elementary setting, teachers are often responsible for instruction in one or more content areas. The current structure of a cumulative 24 points maximizes flexibility for elementary teachers, while the 3-point minimum ensures some competency in each subject area. The Texas Core Content Competency Worksheet for Special Education Teachers of Record provides a range of flexible options for teachers to demonstrate their content competency.
Comment: One director of special education services for an education service center supported the changes as written and stated that the proposed revisions decrease the reliance of Texas teachers on HOUSSE.
Response: The SBEC agrees. The Texas worksheet aligns with federal requirements and provides additional flexibility for teachers to demonstrate their content competency in each subject area.
Comment: One educational diagnostician requested that the board not require additional certification for educational diagnosticians or provide an option for current diagnosticians to be grandfathered in without additional certification requirements. The commenter stated that diagnosticians in the state are already stretched thin, and requiring additional certification feels punitive.
Response: The comment is outside the scope of the proposed rulemaking.
Comment: One school psychologist requested that the board reconsider the proposal or modify the legal definition for psychological services.
Response: The public comment is outside the scope of the proposed rulemaking, as school psychologist requirements are included in 19 TAC Chapter 231, Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments.
Comment: The Texas Council of Administrators of Special Education (TCASE) expressed appreciation for the flexibility of the proposed new rules and the new worksheet but have concerns with qualifying teachers of all subjects at the high school level. TCASE stated that it is difficult to qualify high school special education teachers in mathematics and science and disagreed with the premise that it is inappropriate to assign a teacher with the grade level expertise that matches the knowledge and skill level of a student, since a student's functional performance can be lower than their enrolled grade level. TCASE also proposed additional edits such as removing the word "relevant" from Sections C and D, aligning professional development time limit to certification renewal requirements, allowing elementary teachers to count secondary professional development, and providing clarity on whether the worksheet is an annual requirement and clarifying the effective date. In addition, TCASE requested that additional flexibility be added to the Texas Core Content Competency Worksheet, specifically for secondary teachers of record who teach multiple content areas.
Response: The SBEC disagrees with qualifying teachers of all subjects at the high school level and with removing the term "relevant." While the Texas Core Content Competency Worksheet should align with professional certification requirements and allow for additional flexibilities in both the elementary and secondary sections, federal requirements state that all students should have access to general education curriculum for the grade level in which the students are enrolled. Likewise, the term "relevant" is necessary to ensure that the professional development generating points on an educator's worksheet are both related to the content area they are assigned as teacher of record, as well as relevant to the courses they are responsible for. The SBEC agrees with adding flexibility to the Texas Core Content Competency Worksheet. At adoption, the SBEC modified the worksheet to include holding a content-aligned National Board Certification, holding a Teacher Incentive Allotment designation, and completing relevant professional development within the last five years as qualifying factors for demonstration of content knowledge. Additionally, flexibility was added for secondary teachers of record for multiple content areas.
Comment: Disability Rights Texas commented with a concern about secondary level special education teachers and how they use the worksheet referenced in the proposed changes. While emphasizing the importance that all students with disabilities have access to qualified teachers, the commenter recognizes that it can be difficult to find special education teachers who demonstrate competency in each core content area in which they teach. In this case, the commenter suggested that the rule should be revised to allow a special education teacher to work with a co-teacher who meets the points requirement in the Worksheet or has content certification in a co-teach model, as a way to satisfy the new requirements.
Response: The SBEC disagrees. The Texas Core Content Competency Worksheet includes flexible options for secondary teachers of multiple content areas to meet content competency requirements, as well as provisions for first year teachers who do not meet content competency requirements.
Comment: One teacher commented in support of the proposed changes but suggested that additional options be considered to offer even more flexibility in hiring special education teachers. The commenter suggested options such as accepting a passing score on the Pre-Admission Content Test (PACT) exam, accepting college credit hours in the content areas, assigning points for a passing score on the older 161 Special Education EC-12 exam, accepting teaching experience and relevant professional development, and accepting residency placement.
Response: The SBEC disagrees. The Texas Core Content Competency Worksheet for Special Education Teachers of Record already includes most of the suggestions from the commenter for teachers to generate points from a passing score on a PACT exam, college credit hours, previous teaching experience, relevant professional development, and residency placements, among other flexible options; however, the 161 Special Education EC-12 exam will retire in September of 2025 and will no longer be an available option for special education certification.
The State Board of Education (SBOE) took no action on the review of the repeal of §231.701, new §231.701 and §231.710, and amendment to §231.709 at the April 11, 2025 meeting.
19 TAC §231.701STATUTORY AUTHORITY. The repeal is adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.064, which requires the SBEC to stop the issuance and renewal of master teacher certificates effective June 12, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.
CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §§21.003(a); 21.031(a); 21.041(b)(1) and (2); and 21.064.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501384
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
19 TAC §§231.701, 231.709, 231.710
STATUTORY AUTHORITY. The new sections and amendment are adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.064, which requires the SBEC to stop the issuance and renewal of master teacher certificates effective June 12, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.
CROSS REFERENCE TO STATUTE. The new sections and amendment implement Texas Education Code, §§21.003(a); 21.031(a); 21.041(b)(1) and (2); and 21.064.
§
231.710.
(a) An assignment for Teacher of Students who are Deafblind is allowed with the Deafblind Supplemental: Early Childhood-Grade 12 certificate.
(b) A teacher in an assignment for Teacher of Students who are Deafblind must also hold one or more of the following certificates.
(1) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12.
(2) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12.
(3) Teacher of Students who are Visually Impaired.
(4) Deficient Vision.
(5) Visually Handicapped.
(6) Deaf and Severely Hard of Hearing.
(7) Hearing Impaired.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501385
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
CHAPTER 235. CLASSROOM TEACHER CERTIFICATION STANDARDS
The State Board for Educator Certification (SBEC) adopts an amendment to §235.1, new §§235.2, 235.11, 235.21, and 235.61, and the repeal of §§235.11, 235.13, 235.21, 235.41, 235.61, and 235.63, concerning classroom teacher certification standards. Sections 235.1, 235.11, 235.13, 235.21, 235.41, 235.61, and 235.63 are adopted without changes to the proposed text as published in the January 10, 2025 issue of the Texas Register (50 TexReg 239) and will not be republished. Section 235.2 is adopted with changes to the proposed text as published in the January 10, 2025 issue of the Texas Register (50 TexReg 239) and will be republished. The adopted revisions repeal the current grade-banded classroom teacher pedagogy standards and replace them with the new Classroom Teacher Pedagogy standards.
REASONED JUSTIFICATION: The SBEC rules in 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, specify the standards for the classroom teacher class of certificates. SBEC is statutorily authorized to ensure that all candidates for certification or renewal demonstrate the knowledge and skills necessary to improve the performance of this state's student population. The classroom teacher certification standards are the basis for educator preparation programs (EPPs) to effectively prepare classroom teachers and the foundation for the certification examinations.
Updated Classroom Teacher Pedagogy Standards
At the September 2023 SBEC meeting, the Board approved membership to the Educator Standards Advisory Committee (ESAC). The ESAC participated in sessions that informed their work and engaged in an iterative standards revision process from November 2023 - March 2024.
At the April 2024 SBEC meeting, SBEC reviewed and discussed a draft of the updated Classroom Teacher Pedagogy Standards. Both SBEC and stakeholders indicated a need to more clearly include lesson design as an essential skill for teachers. Texas Education Agency (TEA) staff updated the standards to include lesson design and presented an updated draft to SBEC at its July 2024 meeting. During the July and September 2024 SBEC meetings, SBEC reviewed and discussed the updated drafts of the Classroom Teacher Pedagogy Standards reflective of additional stakeholder feedback. Since the September 2024 SBEC meeting, minor changes were made to the standards in response to SBEC and stakeholder feedback.
Adopted Revisions to 19 TAC Chapter 235, Subchapters A, B, C, and D:
The following is a description of the adopted revisions to 19 TAC Chapter 235, Subchapters A, B, C, and D. The adopted revisions reflect a reorganization of educator standard groups and include the new classroom teacher certification standards that serve to implement House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023. The adopted revisions also provide additional specification related to implementation of HB 159, 87th Texas Legislature, Regular Session, 2021, and Senate Bill 226, 87th Texas Legislature, Regular Session, 2021.
Subchapter A. General Provisions
Adopted Amendment to 19 TAC §235.1
The adopted amendment to 19 TAC §235.1(a) updates the cross reference to the SBEC's rules related to educator preparation curriculum and outlines the required use of educator standards in EPP curriculum.
The adopted amendment to 19 TAC §235.1(b)(4) strikes the term "grade-band" to better align with subsequent subchapters and sections and creates a single set of standards across Early Childhood-Grade 12.
Adopted New 19 TAC §235.2. Definitions
The adopted new 19 TAC §235.2 includes definitions that provide clarity for the field and promotes a common understanding of terms used within the updated Classroom Teacher Pedagogy Standards.
In response to public comment, the phrase "approved by the State Board of Education" was added at adoption to the definition of "high-quality instructional materials" to reference the State Board of Education's authority to approve high-quality instructional materials (HQIM).
Subchapter B. Early Childhood Certificate Standards
The adopted repeal of Subchapter B, Elementary School Certificate Standards, and new Subchapter B, Early Childhood Certificate Standards, removes the Pedagogy and Professional Responsibilities Standards for Prekindergarten-Grade 3 and Early Childhood-Grade 6 and aligns with the reorganization of subsequent subchapters. The subchapter title was also updated to more accurately reflect the content standards for teachers of students in Prekindergarten-Grade 3.
Adopted New 19 TAC §235.11. Content Standards, Early Childhood: Prekindergarten-Grade 3
The adopted new 19 TAC §235.11 outlines the content standards for Prekindergarten-Grade 3.
Subchapter C. Classroom Teacher Pedagogy Standards, Early Childhood-Grade 12
The adopted repeal and replacement of Subchapter C, Middle School Certificate Standards, removes the Pedagogy and Professional Responsibilities Standards for Grades 4-8 and aligns with the reorganization of the adopted new subchapters. The subchapter title was also updated to more accurately reflect the updated classroom teaching standards for Early Childhood-Grade 12.
Adopted New 19 TAC §235.21. Classroom Teacher Pedagogy Standards, Early Childhood-Grade 12
The adopted new 19 TAC §235.21 outlines teacher pedagogy and English language arts and reading (ELAR) and Mathematics content pedagogy standards for teachers of students in Early Childhood-Grade 12. The adopted updated standards work to inform the preparation, appraisal, and professional development of Early Childhood-Grade 12 pre- and in-service teachers in Texas.
The adopted new §235.21(a) provides an overview of the educator standards in adopted new Subchapter C, Classroom Teacher Pedagogy Standards, Early Childhood-Grade 12.
Due to error as submitted by TEA in the January 10, 2025 issue of the Texas Register (50 TexReg 239), the TEA filed a correction of error to correct typographical errors in 19 TAC §235.21(a) so the text at adoption reads "define a teacher's role as a professional, ethical, and reflective practitioner." This correction of error is published in the In Addition section of this issue.
The adopted new §235.21(b) outlines the necessary knowledge and skills related to instructional preparation.
The adopted new §235.21(c) outlines the necessary knowledge and skills related to instructional delivery and assessment.
The adopted new §235.21(d) outlines the necessary knowledge and skills related to content pedagogy for all teachers and for teachers leading ELAR and mathematics classes.
The adopted new §235.21(e) outlines the necessary knowledge and skills related to learning environment.
The adopted new §235.21(f) outlines the necessary knowledge and skills related to professional practices and responsibilities.
Subchapter D. Trade and Industrial Workforce Training Certification Standards
The adopted repeal and replacement of Subchapter D, Secondary School Certificate Standards, removes the Pedagogy and Professional Responsibilities Standards for Grades 7-12 and aligns with the reorganization of the adopted new subchapters. The subchapter title was also updated to more accurately reflect rules that were focused on the Trade and Industrial Workforce Training Certification Standards for Grades 6-12.
Adopted New 19 TAC §235.61. Pedagogy and Professional Responsibilities Standards, Grades 6-12, Trade and Industrial Workforce Training
The adopted new 19 TAC §235.61 outlines pedagogy and professional responsibilities standards for teachers of students in Grades 6-12 Trade and Industrial Workforce Training courses.
The following table provides a high-level overview of the reorganization of educator standards in Chapter 235, Subchapters B, C, and D.
Figure: 19 TAC Chapter 235 - Preamble (.pdf)
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began January 10, 2025, and ended February 10, 2025. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 14, 2025 meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comments were received on the proposal.
Comment: One teacher suggested that SBEC expand the practicum option for other programs beyond business, considering local labor markets and allowing certifications such as Fusion 360 to count as a Tier 1 or Tier 2 option, and offer incentives to encourage career and technical education teachers to become certified in their areas. The commenter suggested Florida's Career and Professional Education (CAPE) Act as a potential model.
Response: The comment is outside the scope of the proposed rulemaking, as it refers to the Pedagogy and Professional Responsibility Standards, Grade 6-12, Trade and Industrial Workforce Training. The proposed revised standards apply to the classroom teacher pedagogy standards for Grades Early Childhood-Grade 12. There are no revisions to the Trade and Industrial Workforce Training standards.
Comment: One administrator stated that requiring additional certifications will be detrimental to recruiting and retaining qualified teachers, especially in rural areas.
Response: The comment is outside the scope of the proposed rulemaking, as the proposed Classroom Teacher Pedagogy Standards do not create any additional certificates.
Comment: One associate professor of educational psychology commented in favor of the new standards that integrate evidence-based cognitive science that supports long lasting learning. The commenter emphasized that incorporating the science of learning does not threaten teacher autonomy but rather supports it.
Response: The SBEC agrees. Evidence-based cognitive science is embedded throughout the standards to support teacher expertise.
Comment: One administrator of a Texas EPP commented in support of the proposed changes in the educator standards. The commenter emphasized the importance of instructing teachers on how to use high-quality resources as they plan for instruction.
Response: The SBEC agrees. The standards clarify instructional preparation practices that will ensure newly certified teachers are prepared to meet the needs of their districts.
Comment: Texas American Federation of Teachers (Texas AFT) commented that the current definition of "high-quality instructional materials" in the proposed rules is inconsistent with other definitions communicated by the TEA related to HB 1605, 88th Texas Legislature, Regular Session, 2023, and HQIM. The commenter expressed concerned that this will lead to confusion and requested that the definition of HQIM, as defined by the SBEC, be modified to reflect the State Board of Education's (SBOE's) authority to define HQIM so that there is a singular definition through the TAC.
Response: The SBEC agrees. Including SBOE's authority to approve HQIM in the definition will clarify the term while maintaining the intent of the revised standards. The SBEC adopted a technical edit to the HQIM definition in 19 TAC §235.2(13).
Comment: One teacher commented in support of the new standards. The commenter stated that it is important for teachers to be able to design lessons and demonstrate the ability to evaluate, navigate, select, and customize high-quality materials for their grade level and subject.
Response: The SBEC agrees. The revisions to the standards recognize lesson design, as well as analysis and internalization of instructional materials, as essential knowledge and skills for all teachers to effectively prepare for instruction.
Comment: One parent commented that the proposed changes incorporate many positive and streamlined changes that will benefit students, educators, and EPPs. The commenter stated that the proposed changes add more depth and clarity regarding legislative changes at the state level and that the updates reflect evidence and research-based best practices that will support all Texas schoolchildren.
Response: The SBEC agrees. The standards align with legislation and create a unified set of expectations for best practices to guide teacher preparation.
Comment: One teacher commented in support of the proposed changes. The commenter emphasized that training Texas teachers to use assessment data to identify prior knowledge and plan for the needs of students helps to prepare Texas teachers to provide high-quality instruction that benefits Texas students. The commenter added that using a pre-assessment with a struggling student helped to understand the student's prior knowledge and tailor the use of high-quality instructional materials to meet the student's instructional needs.
Response: The SBEC agrees. The revised standards recognize assessment and analysis of student work, based in the cognitive science of learning, as essential skills and embed these practices throughout preparation and delivery of instruction.
Comment: One administrator commented in support of the proposed changes. The commenter shared that their district is in their third year of HQIM implementation and that embedding and planning for Research-Based Instructional Strategies has been crucial to the success of their educators going into their first year of teaching. The commenter also emphasized the importance of mentorship, coaching, and fostering an understanding of the Texas Teacher Evaluation and Support System (T-TESS) rubric in helping educators reach optimal success with their students.
Response: The SBEC agrees. Research-based instructional strategies for instructional preparation, delivery, assessment, classroom management, and continuous improvement are embedded throughout the standards to ensure newly certified teachers are ready to meet the needs of their districts.
The State Board of Education (SBOE) took no action on the review of the amendment to §235.1, new §§235.2, 235.11, 235.21, and 235.61, and the repeal of §§235.11, 235.13, 235.21, 235.41, 235.61, and 235.63 at the April 11, 2025 SBOE meeting.
SUBCHAPTER
A.
STATUTORY AUTHORITY. The amendment and new section are adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
CROSS REFERENCE TO STATUTE. The amendment and new section implement Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (2), and (4).
§
235.2.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Academic language--The oral, written, auditory, and visual language specific to a discipline. It includes vocabulary, grammar, punctuation, syntax, discipline-specific terminology, and rhetorical conventions that allow students to acquire knowledge and academic skills.
(2) Accelerated instruction/Acceleration--Includes aligned research-driven strategies and supports within a multi-tiered instructional model that helps students make more than one year of growth in one year of time.
(3) Complex text--Texts that provide students opportunities to work with new language, knowledge, and ways of thinking. Text complexity is evaluated along quantitative dimensions such as word and sentence length, qualitative dimensions such as text structure, levels of meaning, and language conventions, and considerations, including the reader's background, motivation, and knowledge of the topic.
(4) Deliberate practice--Practice that is systematic, requires sustained attention, and is conducted with the specific goal of improving performance on targeted skills.
(5) Encoding--The process by which information is initially coded to be stored and retrieved. Encoding requires attention to key concepts and knowledge structures and is aided by reducing extraneous cognitive load or information in the learning environment.
(6) Engagement--A state in which students are cognitively and behaviorally connected to and involved in their learning experience, characterized by participation, curiosity, and perseverance.
(7) Evidence-based--A concept or strategy that has been evaluated as a whole and found to have positive effects when implemented with programmatic fidelity.
(8) Explanatory feedback--Feedback that provides the learner with an explanation of strengths and weaknesses related to the learning activity or assignment.
(9) Explicit instruction--Instruction in which the teacher's actions are clear, unambiguous, direct, and visible. Explicit instruction makes it clear what the students are to do and learn.
(10) Fixed personality traits--The misconception that personality traits become fixed at certain stages of an individual's development and do not change over time.
(11) Formative assessment--A deliberate low or no-stakes process used by teachers during instruction to elicit and use evidence of student learning to provide actionable feedback and improve students' attainment of learning targets.
(12) Hemispheric dominance--The misconception that each brain hemisphere is specialized to process information differently and that the dominant hemisphere determines a person's personality and way of thinking.
(13) High-quality instructional materials--Instructional materials, approved by the State Board of Education, that ensure full coverage of Texas Essential Knowledge and Skills; are aligned to evidence-based best practices in the relevant content areas; support all learners, including students with disabilities, emergent bilingual students, and students identified as gifted and talented; enable frequent progress monitoring through embedded and aligned assessments; include implementation supports for teachers; and provide teacher and student-facing lesson-level materials.
(14) Instructional preparation--Describes the process by which a teacher uses knowledge of students and student learning to prepare instructional delivery to a unique group of students. Instructional preparation may include activities such as lesson plan design, evaluation of instructional materials, and lesson internalization.
(15) Interleaving--An instructional technique that arranges practice of topics in such a way that consecutive problems cannot be solved by the same strategy.
(16) Just-in-time supports--A learning acceleration strategy that integrates small, timely supports to address gaps in the most critical prerequisite knowledge and skills that students will need to access grade or course level content in upcoming units.
(17) Learning styles--The disproven theory that identifies learners by type--visual, auditory, reading and writing, and kinesthetic--and adapts instruction to the individual's learning style.
(18) Lesson plan design--Describes the process by which a teacher creates the planned learning experiences and related instructional materials for a topic. Lesson plan design includes activities such as developing or selecting objectives, learning experiences, sequencing, scaffolds, resources, materials, tasks, assessments, and planned instructional practices.
(19) Lesson internalization--An aspect of instructional preparation specific to teaching a lesson or unit. It includes activities such as evaluating sequencing, learning goals, and expected outcomes, using assessment data to identify prior knowledge, studying lesson content, rehearsing lesson delivery, identifying possible misconceptions, as well as planning instructional strategies, materials, and pacing.
(20) Metacognition--The awareness of how one's mind learns and thinks and the use of that awareness to optimize the efficiency of learning and cognition.
(21) Multiple means of engagement--A range of options provided to engage and motivate students in learning.
(22) Multiple means of representation--A range of options provided in the ways that information is presented to students.
(23) Multiple means of action and expression--A range of options provided in the ways that students express or demonstrate their learning.
(24) Open education resource instructional materials--State-developed materials included on the list of approved instructional materials maintained by the State Board of Education under Texas Education Code (TEC), §31.022, where the underlying intellectual property is either owned by the state of Texas or it can be freely used and modified by the state in perpetuity.
(25) Patterns of student thinking--Common patterns in the ways in which students think about and develop understanding and skill in relation to particular topics and problems.
(26) Productive struggle--Expending effort to understand a challenging situation and determine a course of action when no obvious strategy is stated, and receiving support that encourages persistence without removing the challenge.
(27) Recall--Also referred to as "retrieval," the mental process of retrieving information that was previously encoded and stored in long-term memory.
(28) Remediation--Strategies that focus on the drilling of isolated skills that bear little resemblance to current curriculum. Activities connect to past standards and aim to master content from past years.
(29) Research-based--A concept or strategy with positive findings from studies effective in isolation or combination with other researched strategies or evidence-based programs.
(30) Retrieval practice--Also referred to as "testing effect" or "active recall," it is the finding that trying to remember previously learned material, including by responding to questions, tests, assessments, etc., leads to better retention than restudying or being retold the material for an equivalent amount of time.
(31) Science of learning--The summarized existing cognitive-science, cognitive psychology, educational psychology, and neuroscience research on how people learn, as it connects to practical implications for teaching.
(32) Second language acquisition--The process through which individuals leverage their primary language to learn a new language. A dynamic process of learning and acquiring proficiency in the English language, supported by exposure to comprehensible input, interaction, formal instruction, and access to resources and support in English and primary language.
(33) Spaced practice/Distributed practice--Spaced practice sequences learning in a way that students actively retrieve learned information from long-term memory through multiple opportunities over time with intervals in between--starting with shorter intervals initially (e.g., hours or days) and building up to longer intervals (e.g., weeks).
(34) State Board of Education-approved instructional materials--Materials included on the list of approved instructional materials maintained by the State Board of Education under Texas Education Code (TEC), §31.022.
(35) Summative assessment--Medium-to-high-stakes assessments, administered at the conclusion of an instructional period that are used to evaluate student learning, knowledge, proficiency, or mastery of a learning target.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501387
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
SUBCHAPTER
B.
STATUTORY AUTHORITY. The repeals are adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
CROSS REFERENCE TO STATUTE. The repeals implement Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (2), and (4).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501388
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
19 TAC §235.11
STATUTORY AUTHORITY. The new section is adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (2), and (4).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501389
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
SUBCHAPTER
C.
STATUTORY AUTHORITY. The new section is adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (2), and (4).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501390
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
19 TAC §235.41
STATUTORY AUTHORITY. The repeal is adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (2), and (4).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501391
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
SUBCHAPTER
D.
STATUTORY AUTHORITY. The repeals are adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
CROSS REFERENCE TO STATUTE. The repeals implement Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (2), and (4).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501392
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
19 TAC §235.61
STATUTORY AUTHORITY. The new section is adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code (TEC), §§21.003(a), and 21.031, 21.041(b)(1), (2), and (4).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501393
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
CHAPTER 249. DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES
The State Board for Educator Certification (SBEC) adopts amendments to §§249.3, 249.11 - 249.15, 249.17, 249.26, 249.27, and 249.37, concerning disciplinary proceedings, sanctions, and contested cases. Sections 249.3, 249.11 - 249.15, 249.26, 249.27, and 249.37 are adopted without changes to the proposed text as published in the January 10, 2025 issue of the Texas Register (50 TexReg 251) and will not be republished. Section 249.17 is adopted with changes to the proposed text as published in the January 10, 2025 issue of the Texas Register (50 TexReg 251) and will be republished. The adopted amendments reflect the results of prior discussions on Chapter 249 by the SBEC, as well as multiple stakeholder engagement sessions, by amending the contract abandonment mitigating factors; amending the definition of solicitation to add grooming behaviors; updating the SBEC's mandatory minimum sanctions; updating the SBEC's mailing procedures to allow original petitions and default petitions to be sent via electronic mail; clarifying that all notices sent to comply with Texas Government Code, §2001.054, will be sent via certified or registered mail, removing the requirement that exceptions must be filed or an issue is waived; clarifying the erroneously issued certificate section to explicitly state that the cancellation of a certificate issued as the result of a Texas Education Agency (TEA) information technology error will not result in a contested case; and amending the SBEC's definition of abuse to mirror the definition of abuse found in Texas Family Code, Chapter 261, as well as additional technical edits.
REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, establish the sanction requirements and procedures for disciplinary actions against educators.
The SBEC engaged in discussions related to potential amendments during the April, July, and September 2024 SBEC meetings. At the April meeting, the SBEC had a preliminary discussion on potential amendments to Chapter 249. The recommendations discussed were informed by challenges and areas for improvement identified by staff in the application of Chapter 249 or issues previously raised by the SBEC at prior meetings.
TEA staff brought these potential changes to the Educator Preparation Stakeholder Group on June 21, 2024, and held a stakeholder engagement meeting with the general public on July 9, 2024. TEA staff presented the feedback from these stakeholder engagement meetings to the SBEC at the July meeting. TEA staff presented the preliminary draft to stakeholders at a stakeholder engagement meeting on August 30, 2024, and presented the feedback from this stakeholder engagement meeting to the SBEC at the September meeting. TEA staff received feedback on the draft text presented at the September meeting, and the adopted amendments incorporate both SBEC input as well as input from stakeholders.
Subchapter A. General Provisions
§249.3. Definitions.
The adopted amendment to §249.3(1) aligns the definition of Abuse with the definition of Abuse in Texas Family Code, §261.001(1), as well as the commissioner of education's definition of Abuse in 19 TAC §153.1201(b), Definitions.
The adopted amendment to §249.3(29) updates the definition of Mail to include first-class United States mail and electronic mail and removes the phrase, "unless otherwise provided by this chapter."
The adopted amendment to §249.3(51) adds new subparagraph (K) to the definition of Solicitation of a romantic relationship to add grooming behaviors in the totality of the circumstances, specifically showing a student special attention; giving the student individual gifts, money, or privileges; isolating the student; exposing the student to adult topics or conversation and/or media that is not age appropriate; or meeting behind closed doors with the student without another adult present; as well as removes the word "may" and "prima facie" as related to what acts considered in context constitute evidence of solicitation. Subsequent subparagraphs were relettered.
Technical edits were made to §249.3(44) to correct a typographical error and to §249.3(52) to update a cross reference for clarity.
Subchapter B. Enforcement Actions and Guidelines
§249.11. Test Irregularities; Appeal, Sanctions.
The adopted amendment to §249.11(a) modifies the methods of service for written notice of alleged violations of certification test administration rules or procedures to allow for the notice to be sent via first-class United States mail or electronic notification only.
§249.12. Administrative Denial; Appeal.
The adopted amendment to §249.12(b) adds persons that are subject to placement on the Registry of Persons Not Eligible for Hire under TEC, §22.092, and conduct that demonstrates that a person violated 19 TAC Chapter 247, Educators' Code of Ethics, as reasons the TEA staff may administratively deny a certificate. Subsequent subparagraphs were relettered.
§249.13. Cancellation of an Erroneously Issued Certificate.
Adopted new §249.13(f) provides that this section does not apply to erroneously issued certificates as the result of a TEA systems error.
§249.14. Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition.
Adopted new §249.14(p) adds that before institution of agency proceedings, TEA staff shall send a letter via certified or registered mail to the certificate holder giving them notice of the facts or conduct alleged to warrant the intended action and an opportunity to show compliance with all requirements of law for the retention of the certificate. Subsequent subparagraphs were relettered.
§249.15. Disciplinary Action by State Board for Educator Certification.
The adopted amendment to §249.15(a)(5) adds that the SBEC may impose classes and treatment programs that the SBEC deems necessary as a condition or restriction on a certificate.
§249.17. Decision-Making Guidelines.
The adopted amendment to §249.17(d)(1) adds requirements that establish the good cause factors of serious illness or health condition of the educator or close family member of the educator, the educator must provide documentation from a licensed medical provider. It also adds the requirement to provide documentation to establish the good cause factor of relocation to a new city as a result of change in employer of the educator's spouse or partner as a requirement.
The adopted amendment to §249.17(d)(2) adds that a reduction of one month in suspension time be applied for each mitigating factor established.
At adoption, the phrase "except for factors in subparagraphs (G)-(I) of this paragraph" was added to §249.17(d)(2) to clarify which mitigating factors were not eligible for the one-month reduction in suspension time.
The adopted amendment to §249.17(e) adds that an educator who is required to complete pretrial diversion for a felony-level offense is subject to sanction.
The adopted amendment to §249.17(g) adds that an educator is subject to a one-year mandatory minimum sanction for intentional violations of the security or confidential integrity of a test required under TEC in a manner described by 19 TAC §101.3031(a)(3) and removes the mandatory minimum for manipulation of test results.
Adopted new §249.17(k) adds a mandatory minimum sanction of a one-year suspension for an educator who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for an offense under Texas Election Code, Chapter 255. The subsequent subsection was relettered.
Subchapter C. Prehearing Matters
§249.26. Petition.
The adopted amendment to §249.26(c) adds that TEA staff may serve a petition by electronic mail to the respondent as well as send a copy of the petition to the respondent's attorney if notice of representation has been provided by electronic mail. It removes the option for service of the petition on the respondent by United States certified mail, return receipt requested.
§249.27. Answer.
The adopted amendment to §249.27 allows a respondent to serve an answer on TEA by electronic mail and removes the requirement that a respondent serve an answer by United States certified mail, return receipt requested.
Subchapter E. Post-Hearing Matters
§249.37. Exceptions and Replies.
The adopted amendment to §249.37 removes the requirement that a disagreement with a factual finding or conclusion of law in the proposal for decision be contained in an exception to the proposal otherwise it is waived. Subsequent subparagraphs were relettered.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began January 10, 2025, and ended February 10, 2025. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 14, 2025 meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comments were received on the proposal.
Comment: The Association of Texas Professional Educators commented with an appreciation of SBEC and TEA staff for continuing to engage stakeholders in the discussion regarding these proposed changes, but requested some revisions be made, including removing "shows the student special attention" and "meeting behind closed doors with the student without another adult present" from the proposed language that defines grooming behaviors. The commenter suggested the addition of language clarifying that such behaviors shall be considered evidence of solicitation only when they are engaged "without a legitimate educational purpose."
Response: The SBEC disagrees. The proposed grooming behaviors are under the definition of solicitation in 19 Texas Administrative Code (TAC) §249.3(51), which states that solicitation of a romantic relationship is "deliberate or repeated acts that can be reasonably interpreted as the solicitation by an educator of a relationship with a student that is romantic in nature." The definition further clarifies that the listed behavior must be considered in context. Therefore, the proposed factors are only evidence of solicitation when considered in context if they are deliberate or repeated acts that can be reasonably interpreted as the solicitation by an educator of a relationship with a student that is romantic in nature.
Comment: The Texas Classroom Teachers Association (TCTA) recommended that SBEC remove the language "meeting behind closed doors with the student without another adult present" from the grooming language defined in the proposed amendments, as teachers are often required to keep their doors closed and locked for safety. TCTA also suggested the word "may" be added to the language in 19 TAC §249.3(51) and supported the removal of the phrase "prima facie" from the provision. Additionally, TCTA raised concerns about the need for clarity regarding the "systems error" part of the proposed changes, the inability of mitigating factors to reduce contract abandonment to no sanction, and the inclusion of a mandatory one-year suspension for educators who undergo pre-trial diversion.
Response: The SBEC disagrees. The proposed grooming behaviors are under the definition of solicitation in 19 TAC §249.3(51), which states that solicitation of a romantic relationship is "deliberate or repeated acts that can be reasonably interpreted as the solicitation by an educator of a relationship with a student that is romantic in nature." The definition further clarifies that the listed behavior must be considered in context. Therefore, the proposed factors are only evidence of solicitation when considered in context if they are deliberate or repeated acts that can be reasonably interpreted as the solicitation by an educator of a relationship with a student that is romantic in nature.
In regard to the proposed language for the contract abandonment mitigating factors, 19 TAC §249.17(d)(3)(c) states that the mitigating factors "may mitigate an educator's sanction so significantly that the SBEC takes no disciplinary action." The SBEC has the authority under §249.17(d)(3)(c) to use the mitigating factors to mitigate the contract abandonment sanction down to no sanction.
Further, the plain language of the proposed text in §249.13(f) is clear that the proposed language only applies when a certificate is mistakenly or incorrectly issued as the result of a TEA systems error.
Lastly, the addition of pretrial diversion to the felony conduct minimum sanction is already contained in other sections of SBEC rule and is identical to the language in the mandatory minimum sanction for misdemeanor conduct in 19 TAC §249.17(f).
The State Board of Education (SBOE) took no action on the review of the amendments to §§249.3, 249.11, 249.12, 249.13, 249.14, 249.15, 249.17, 249.26, 249.27, and 249.37 at the April 11, 2025 SBOE meeting.
SUBCHAPTER
A.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §§21.006(a)-(c-2), (f)-(g-1), and (i), which require the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center or shared services arrangement to report to the SBEC within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct, unless the superintendent or director completes an investigation before the educator resigns or is terminated and determines that the educator did not commit the alleged misconduct. It also requires principals to report to superintendents within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct. It further authorizes the SBEC to impose sanctions on educators who fail to report as required by the statute, including authority to impose monetary administrative penalties, gives SBEC rulemaking authority as necessary to implement the statute, and requires the SBEC to create an internet portal to facilitate confidential and secure reporting; TEC, §21.0062, which requires the chief administrative officer of a private school to notify the SBEC within seven days when a private school educator resigns before the completion of an investigation or is terminated and there is evidence that the educator has engaged in certain misconduct and gives the SBEC rulemaking authority to implement the section; TEC, §21.007, which gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator's public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator's certification, and gives the SBEC rulemaking authority as necessary to implement the provision; TEC, §21.009(e), which states that the SBEC may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed an applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a student or minor; TEC, §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.035, which states that TEA staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification; TEC, §21.041(a) and (b)(1), (4), (7), and (8), which authorize the SBEC to adopt rules as necessary for its own procedures, to regulate educators, specify the requirements for issuance or renewal of an educator certificate, provide for educator disciplinary proceedings and for enforcement of the educator's code of ethics; TEC, §21.044(a), which authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate; TEC, §21.058, which requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses; TEC, §21.0581, which authorizes SBEC to take action against a person who assists another person obtain employment at a school despite knowing the other person engaged in sexual misconduct with a minor or student; TEC, §21.060, which sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses; TEC, §21.065, which sets requirements for the notice SBEC must send when it suspends an educator's certificate; TEC, §21.105(c), which allows the SBEC to impose sanctions against an educator who abandons a probationary contract; TEC, §21.160(c), which allows the SBEC to impose sanctions against an educator who abandons a continuing contract; TEC, §21.210(c), which allows the SBEC to impose sanctions against an educator who abandons a term contract; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file; TEC, §22.0831, which requires the SBEC to review the criminal history of certified educators and applicants for certification; TEC, §22.085, which requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history; TEC, §22.087, which requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangements to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse; TEC, §22.092, which requires school districts, charter schools, districts of innovation, regional education service centers, and shared services arrangements to discharge or refuse to hire any person listed on the registry of persons not eligible for employment in Texas public schools; TEC, §22.093, requires superintendents or directors of school districts, districts of innovation, charter schools, regional education service centers, or shared services arrangements to notify the commissioner of education if an employee resigned or was terminated and there is evidence that the employee abused or otherwise committed an unlawful act with a student or minor or was involved in a romantic relationship with a student or minor; Texas Government Code (TGC), §411.090, which allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator; TGC, §2001.054(c), which requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator's certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules; TGC, §2001.058(e), which sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge; TGC, §2001.142(a), which requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency's rules for a party to serve copies of pleadings in a contested case; Texas Family Code (TFC), §261.308(d) and (e), which require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC; TFC, §261.406(a) and (b), which require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA; Texas Occupations Code (TOC), §53.021(a), which allows the SBEC to suspend or revoke an educator's certificate or refuse to issue a certificate, if a person is convicted of certain offenses; TOC, §53.022, which sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education; TOC, §53.023, which sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator; TOC, §53.0231, which sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC; TOC, §53.0232, which precludes SBEC from considering arrests that did not result in convictions or placement on deferred adjudication community supervision in the determination of fitness to be licensed as an educator; TOC, §53.024, which states that proceedings to deny or sanction an educator's certification are covered by the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001; TOC, §53.025, which gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education; TOC, §53.051, which requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification; TOC, §53.052, which allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies; TOC, §56.003, which prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926, which requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.006(a), (b), (b-1), (b-2), (c), (c-1), (c-2), (f), (g), (g-1), and (i); 21.0062; 21.007; 21.009(e); 21.031(a); 21.035; 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a), 21.058; 21.0581; 21.060; 21.065; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087; 22.092; and 22.093; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b); Texas Occupations Code (TOC), §§53.021(a), 53.022-53.025, 53.051, 53.052 and 56.003; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501394
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
SUBCHAPTER
B.
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §§21.006(a)-(c-2), (f)-(g-1), and (i), which require the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center or shared services arrangement to report to the SBEC within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct, unless the superintendent or director completes an investigation before the educator resigns or is terminated and determines that the educator did not commit the alleged misconduct. It also requires principals to report to superintendents within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct. It further authorizes the SBEC to impose sanctions on educators who fail to report as required by the statute, including authority to impose monetary administrative penalties, gives SBEC rulemaking authority as necessary to implement the statute, and requires the SBEC to create an internet portal to facilitate confidential and secure reporting; TEC, §21.0062, which requires the chief administrative officer of a private school to notify the SBEC within seven days when a private school educator resigns before the completion of an investigation or is terminated and there is evidence that the educator has engaged in certain misconduct and gives the SBEC rulemaking authority to implement the section; TEC, §21.007, which gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator's public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator's certification, and gives the SBEC rulemaking authority as necessary to implement the provision; TEC, §21.009(e), which states that the SBEC may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed an applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a student or minor; TEC, §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.035, which states that TEA staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification; TEC, §21.041(a) and (b)(1), (4), (7), and (8), which authorize the SBEC to adopt rules as necessary for its own procedures, to regulate educators, specify the requirements for issuance or renewal of an educator certificate, provide for educator disciplinary proceedings and for enforcement of the educator's code of ethics; TEC, §21.044(a), which authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate; TEC, §21.058, which requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses; TEC, §21.0581, which authorizes SBEC to take action against a person who assists another person obtain employment at a school despite knowing the other person engaged in sexual misconduct with a minor or student; TEC, §21.060, which sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses; TEC, §21.065, which sets requirements for the notice SBEC must send when it suspends an educator's certificate; TEC, §21.105(c), which allows the SBEC to impose sanctions against an educator who abandons a probationary contract; TEC, §21.160(c), which allows the SBEC to impose sanctions against an educator who abandons a continuing contract; TEC, §21.210(c), which allows the SBEC to impose sanctions against an educator who abandons a term contract; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file; TEC, §22.0831, which requires the SBEC to review the criminal history of certified educators and applicants for certification; TEC, §22.085, which requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history; TEC, §22.087, which requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangements to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse; TEC, §22.092, which requires school districts, charter schools, districts of innovation, regional education service centers, and shared services arrangements to discharge or refuse to hire any person listed on the registry of persons not eligible for employment in Texas public schools; TEC, §22.093, requires superintendents or directors of school districts, districts of innovation, charter schools, regional education service centers, or shared services arrangements to notify the commissioner of education if an employee resigned or was terminated and there is evidence that the employee abused or otherwise committed an unlawful act with a student or minor or was involved in a romantic relationship with a student or minor; Texas Government Code (TGC), §411.090, which allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator; TGC, §2001.054(c), which requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator's certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules; TGC, §2001.058(e), which sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge; TGC, §2001.142(a), which requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency's rules for a party to serve copies of pleadings in a contested case; Texas Family Code (TFC), §261.308(d) and (e), which require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC; TFC, §261.406(a) and (b), which require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA; Texas Occupations Code (TOC), §53.021(a), which allows the SBEC to suspend or revoke an educator's certificate or refuse to issue a certificate, if a person is convicted of certain offenses; TOC, §53.022, which sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education; TOC, §53.023, which sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator; TOC, §53.0231, which sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC; TOC, §53.0232, which precludes SBEC from considering arrests that did not result in convictions or placement on deferred adjudication community supervision in the determination of fitness to be licensed as an educator; TOC, §53.024, which states that proceedings to deny or sanction an educator's certification are covered by the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001; TOC, §53.025, which gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education; TOC, §53.051, which requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification; TOC, §53.052, which allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies; TOC, §56.003, which prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926, which requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.006(a), (b), (b-1), (b-2), (c), (c-1), (c-2), (f), (g), (g-1), and (i); 21.0062; 21.007; 21.009(e); 21.031(a); 21.035; 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a), 21.058; 21.0581; 21.060; 21.065; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087; 22.092; and 22.093; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b); Texas Occupations Code (TOC), §§53.021(a), 53.022-53.025, 53.051, 53.052 and 56.003; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926.
§
249.17.
(a) Purpose. The purpose of these guidelines is to achieve the following objectives:
(1) to provide a framework of analysis for the Texas Education Agency (TEA) staff, the presiding administrative law judge (ALJ), and the State Board for Educator Certification (SBEC) in considering matters under this chapter;
(2) to promote consistency in the exercise of sound discretion by the TEA staff, the presiding ALJ, and the SBEC in seeking, proposing, and making decisions under this chapter; and
(3) to provide guidance for the informal resolution of potentially contested matters.
(b) Construction and application. This section shall be construed and applied so as to preserve SBEC members' discretion in making final decisions under this chapter. This section shall be further construed and applied so as to be consistent with §249.5(b) of this title (relating to Purpose; Policy Governing Disciplinary Proceedings) and this chapter, the Texas Education Code (TEC), and other applicable law, including SBEC decisions and orders.
(c) Consideration. The following factors may be considered in seeking, proposing, or making a decision under this chapter:
(1) the seriousness of the violation;
(2) whether the misconduct was premeditated or intentional;
(3) attempted concealment of misconduct;
(4) prior misconduct and SBEC sanctions;
(5) the potential danger the conduct poses to the health and welfare of students;
(6) the effect of the prior conduct upon any victims of the conduct;
(7) whether sufficient time has passed and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct;
(8) the effect of the conduct upon the educator's good moral character and ability to be a proper role model for students;
(9) whether the sanction will deter future violations; and
(10) any other relevant circumstances or facts.
(d) Contract abandonment.
(1) Good cause. The following factors may be considered good cause when an educator is reported to have abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c):
(A) serious illness or health condition of the educator or close family member of the educator, as evidenced by documentation from a licensed medical provider;
(B) relocation to a new city as a result of change in employment of the educator's spouse or partner who resides with the educator as supported by documentation;
(C) significant change in the educator's family needs that requires the educator to relocate or to devote more time than allowed by current employment; or
(D) the educator's reasonable belief that the educator had written permission from the school district administration to resign.
(2) Mitigating factors. The following factors shall be considered in seeking, proposing, or making a decision under this chapter regarding an educator who has abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c). A reduction of one month in suspension time will be given for each factor established, except for factors in subparagraphs (G)-(I) of this paragraph. The educator:
(A) gave written notice to the school district 30 days or more in advance of the first day of instruction for which the educator will not be present;
(B) assisted the school district in finding a replacement educator to fill the position;
(C) continued to work until the school district hired a replacement educator;
(D) assisted in training the replacement educator;
(E) showed good faith in communications and negotiations with the school district;
(F) provided lesson plans for classes following the educator's resignation;
(G) changed careers within the field of education:
(i) to a position that required a different class of educator certification as defined in §230.33(b) of this title (relating to Classes of Certificates);
(ii) to a position with a higher level of authority within the principal class of certificate; or
(iii) to a position in an open-enrollment charter school or a district of innovation that is equivalent to the positions described in clauses (i) and (ii) of this subparagraph;
(H) had a reduction in base pay, excluding stipends, as compared to the educator's base pay for the prior year at the same school district;
(I) resigned due to working conditions that reasonably posed an immediate threat of significant physical harm to the educator; or
(J) any other relevant circumstances or facts.
(3) Mandatory sanction for contract abandonment.
(A) An educator subject to sanction, who has abandoned a contract 44-30 days prior to the first day of instruction for the following school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2)(B)-(J) of this subsection do not mitigate or apply, shall receive a sanction of an inscribed reprimand.
(B) An educator subject to sanction, who has abandoned a contract less than 30 days prior to the first day of instruction for the following school year or at any point during the school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2) of this subsection do not mitigate or apply, may not receive a sanction of less than:
(i) suspension for one year from the first day that, without district permission, the educator failed to appear for work under the contract, provided that the educator has not worked as an educator during that year and the case is resolved within that one year through an agreed final order; or
(ii) suspension for one year from either the effective date of an agreed final order resolving the case or an agreed future date at the beginning of the following school year, if the educator has worked as an educator after abandoning the contract; or
(iii) suspension for one year from the date that the SBEC adopts an order that becomes final following a default under §249.35 of this title (relating to Disposition Prior to Hearing; Default) or a contested case hearing at the State Office of Administrative Hearings (SOAH).
(C) The factors listed in subsection (c) of this section and in paragraphs (1) and (2) of this subsection may mitigate an educator's sanction so significantly that the SBEC takes no disciplinary action.
(e) Mandatory minimum sanction for felony-level conduct. An educator subject to sanction, who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for a felony-level criminal offense under state or federal law, may not receive a sanction of less than:
(1) suspension for a period concurrent with the term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has not been employed as an educator during the period of deferred adjudication or community supervision; or
(2) suspension beginning on the effective date of an agreed final order for a period extending beyond the end of the educator's deferred adjudication or community supervision but may be less than the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has been employed as an educator during the period of deferred adjudication or community supervision; or
(3) suspension beginning on the effective date of an agreed final order for a period at least half as long as the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order after the educator has completed deferred adjudication or community supervision; or
(4) suspension for a period equal to the term of deferred adjudication or community supervision that the criminal court initially ordered but beginning from the date of the final board decision, if the case is resolved through a final board decision following a contested case hearing at the SOAH or a default under §249.35 of this title.
(f) Mandatory minimum sanction for misdemeanor-level conduct. If an educator is subject to sanction, and a court has ordered the educator to complete a period of deferred adjudication, community supervision, or pretrial diversion for a misdemeanor-level criminal offense under state or federal law, the educator may not receive a sanction of less than an inscribed reprimand.
(g) Mandatory minimum sanction for test security violation. An educator who intentionally, as defined in §247.1 of this title (relating to Purpose and Scope; Definitions), violates the security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B, in a manner described by §101.3031(a)(3) of Part 2 of this title (relating to Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments), may not receive a sanction of less than a one year suspension.
(h) Mandatory minimum sanction for drugs and alcohol on school campus. An educator who is subject to sanction because the educator has tested positive for drugs or alcohol while on school campus, was under the influence of drugs or alcohol on school campus, or was in possession of drugs or alcohol on school campus may not receive a sanction of less than a one-year suspension and required completion of a drug or alcohol treatment program.
(i) Mandatory permanent revocation or denial. Notwithstanding subsection (c) of this section, the SBEC shall permanently revoke the teaching certificate of any educator or permanently deny the application of any applicant if, after a contested case hearing or a default under §249.35 of this title, it is determined that the educator or applicant:
(1) engaged in any sexual contact or romantic relationship with a student or minor;
(2) solicited any sexual contact or romantic relationship with a student or minor;
(3) possessed or distributed child pornography;
(4) was registered as a sex offender;
(5) committed criminal homicide;
(6) transferred, sold, distributed, or conspired to possess, transfer, sell, or distribute any controlled substance, the possession of which would be at least a Class A misdemeanor under the Texas Health and Safety Code, Chapter 481, on school property;
(7) intentionally, knowingly, or recklessly causes bodily injury to a student or minor when the conduct of the educator or applicant is not immune from disciplinary proceedings by TEC, §22.0512; or
(8) committed any offense described in the TEC, §21.058.
(j) Mandatory minimum for failure to report. An educator subject to sanction, who fails to report educator misconduct under the circumstances and in the manner required by the TEC, §21.006, and §249.14(d)-(f) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition), when the case is resolved through an agreed final order, may not receive a sanction of less than:
(1) an inscribed reprimand and a $5,000 administrative penalty for a superintendent or director who fails to file timely a report to the SBEC; or
(2) an inscribed reprimand and a $500 administrative penalty for a principal who fails to timely notify a superintendent or director.
(k) Mandatory minimum for electioneering. An educator subject to sanction, who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for an offense under Texas Election Code, Chapter 255, may not receive a sanction of less than a one-year suspension.
(l) Sanctioned misconduct in another state. The findings of fact contained in final orders from any other state jurisdiction may provide the factual basis for SBEC disciplinary action. If the underlying conduct for the administrative sanction of an educator's certificate or license issued in another state is a violation of SBEC rules, the SBEC may initiate a disciplinary action regarding the educator's Texas educator certificate and impose a sanction as provided under this chapter.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501395
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
SUBCHAPTER
C.
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §§21.006(a)-(c-2), (f)-(g-1), and (i), which require the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center or shared services arrangement to report to the SBEC within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct, unless the superintendent or director completes an investigation before the educator resigns or is terminated and determines that the educator did not commit the alleged misconduct. It also requires principals to report to superintendents within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct. It further authorizes the SBEC to impose sanctions on educators who fail to report as required by the statute, including authority to impose monetary administrative penalties, gives SBEC rulemaking authority as necessary to implement the statute, and requires the SBEC to create an internet portal to facilitate confidential and secure reporting; TEC, §21.0062, which requires the chief administrative officer of a private school to notify the SBEC within seven days when a private school educator resigns before the completion of an investigation or is terminated and there is evidence that the educator has engaged in certain misconduct and gives the SBEC rulemaking authority to implement the section; TEC, §21.007, which gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator's public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator's certification, and gives the SBEC rulemaking authority as necessary to implement the provision; TEC, §21.009(e), which states that the SBEC may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed an applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a student or minor; TEC, §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.035, which states that TEA staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification; TEC, §21.041(a) and (b)(1), (4), (7), and (8), which authorize the SBEC to adopt rules as necessary for its own procedures, to regulate educators, specify the requirements for issuance or renewal of an educator certificate, provide for educator disciplinary proceedings and for enforcement of the educator's code of ethics; TEC, §21.044(a), which authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate; TEC, §21.058, which requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses; TEC, §21.0581, which authorizes SBEC to take action against a person who assists another person obtain employment at a school despite knowing the other person engaged in sexual misconduct with a minor or student; TEC, §21.060, which sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses; TEC, §21.065, which sets requirements for the notice SBEC must send when it suspends an educator's certificate; TEC, §21.105(c), which allows the SBEC to impose sanctions against an educator who abandons a probationary contract; TEC, §21.160(c), which allows the SBEC to impose sanctions against an educator who abandons a continuing contract; TEC, §21.210(c), which allows the SBEC to impose sanctions against an educator who abandons a term contract; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file; TEC, §22.0831, which requires the SBEC to review the criminal history of certified educators and applicants for certification; TEC, §22.085, which requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history; TEC, §22.087, which requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangements to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse; TEC, §22.092, which requires school districts, charter schools, districts of innovation, regional education service centers, and shared services arrangements to discharge or refuse to hire any person listed on the registry of persons not eligible for employment in Texas public schools; TEC, §22.093, requires superintendents or directors of school districts, districts of innovation, charter schools, regional education service centers, or shared services arrangements to notify the commissioner of education if an employee resigned or was terminated and there is evidence that the employee abused or otherwise committed an unlawful act with a student or minor or was involved in a romantic relationship with a student or minor; Texas Government Code (TGC), §411.090, which allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator; TGC, §2001.054(c), which requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator's certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules; TGC, §2001.058(e), which sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge; TGC, §2001.142(a), which requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency's rules for a party to serve copies of pleadings in a contested case; Texas Family Code (TFC), §261.308(d) and (e), which require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC; TFC, §261.406(a) and (b), which require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA; Texas Occupations Code (TOC), §53.021(a), which allows the SBEC to suspend or revoke an educator's certificate or refuse to issue a certificate, if a person is convicted of certain offenses; TOC, §53.022, which sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education; TOC, §53.023, which sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator; TOC, §53.0231, which sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC; TOC, §53.0232, which precludes SBEC from considering arrests that did not result in convictions or placement on deferred adjudication community supervision in the determination of fitness to be licensed as an educator; TOC, §53.024, which states that proceedings to deny or sanction an educator's certification are covered by the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001; TOC, §53.025, which gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education; TOC, §53.051, which requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification; TOC, §53.052, which allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies; TOC, §56.003, which prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926, which requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.006(a), (b), (b-1), (b-2), (c), (c-1), (c-2), (f), (g), (g-1), and (i); 21.0062; 21.007; 21.009(e); 21.031(a); 21.035; 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a), 21.058; 21.0581; 21.060; 21.065; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087; 22.092; and 22.093; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b); Texas Occupations Code (TOC), §§53.021(a), 53.022-53.025, 53.051, 53.052 and 56.003; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501396
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497
SUBCHAPTER
E.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §§21.006(a)-(c-2), (f)-(g-1), and (i), which require the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center or shared services arrangement to report to the SBEC within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct, unless the superintendent or director completes an investigation before the educator resigns or is terminated and determines that the educator did not commit the alleged misconduct. It also requires principals to report to superintendents within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct. It further authorizes the SBEC to impose sanctions on educators who fail to report as required by the statute, including authority to impose monetary administrative penalties, gives SBEC rulemaking authority as necessary to implement the statute, and requires the SBEC to create an internet portal to facilitate confidential and secure reporting; TEC, §21.0062, which requires the chief administrative officer of a private school to notify the SBEC within seven days when a private school educator resigns before the completion of an investigation or is terminated and there is evidence that the educator has engaged in certain misconduct and gives the SBEC rulemaking authority to implement the section; TEC, §21.007, which gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator's public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator's certification, and gives the SBEC rulemaking authority as necessary to implement the provision; TEC, §21.009(e), which states that the SBEC may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed an applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a student or minor; TEC, §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.035, which states that TEA staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification; TEC, §21.041(a) and (b)(1), (4), (7), and (8), which authorize the SBEC to adopt rules as necessary for its own procedures, to regulate educators, specify the requirements for issuance or renewal of an educator certificate, provide for educator disciplinary proceedings and for enforcement of the educator's code of ethics; TEC, §21.044(a), which authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate; TEC, §21.058, which requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses; TEC, §21.0581, which authorizes SBEC to take action against a person who assists another person obtain employment at a school despite knowing the other person engaged in sexual misconduct with a minor or student; TEC, §21.060, which sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses; TEC, §21.065, which sets requirements for the notice SBEC must send when it suspends an educator's certificate; TEC, §21.105(c), which allows the SBEC to impose sanctions against an educator who abandons a probationary contract; TEC, §21.160(c), which allows the SBEC to impose sanctions against an educator who abandons a continuing contract; TEC, §21.210(c), which allows the SBEC to impose sanctions against an educator who abandons a term contract; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file; TEC, §22.0831, which requires the SBEC to review the criminal history of certified educators and applicants for certification; TEC, §22.085, which requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history; TEC, §22.087, which requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangements to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse; TEC, §22.092, which requires school districts, charter schools, districts of innovation, regional education service centers, and shared services arrangements to discharge or refuse to hire any person listed on the registry of persons not eligible for employment in Texas public schools; TEC, §22.093, requires superintendents or directors of school districts, districts of innovation, charter schools, regional education service centers, or shared services arrangements to notify the commissioner of education if an employee resigned or was terminated and there is evidence that the employee abused or otherwise committed an unlawful act with a student or minor or was involved in a romantic relationship with a student or minor; Texas Government Code (TGC), §411.090, which allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator; TGC, §2001.054(c), which requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator's certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules; TGC, §2001.058(e), which sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge; TGC, §2001.142(a), which requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency's rules for a party to serve copies of pleadings in a contested case; Texas Family Code (TFC), §261.308(d) and (e), which require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC; TFC, §261.406(a) and (b), which require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA; Texas Occupations Code (TOC), §53.021(a), which allows the SBEC to suspend or revoke an educator's certificate or refuse to issue a certificate, if a person is convicted of certain offenses; TOC, §53.022, which sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education; TOC, §53.023, which sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator; TOC, §53.0231, which sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC; TOC, §53.0232, which precludes SBEC from considering arrests that did not result in convictions or placement on deferred adjudication community supervision in the determination of fitness to be licensed as an educator; TOC, §53.024, which states that proceedings to deny or sanction an educator's certification are covered by the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001; TOC, §53.025, which gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education; TOC, §53.051, which requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification; TOC, §53.052, which allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies; TOC, §56.003, which prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926, which requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.006(a), (b), (b-1), (b-2), (c), (c-1), (c-2), (f), (g), (g-1), and (i); 21.0062; 21.007; 21.009(e); 21.031(a); 21.035; 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a), 21.058; 21.0581; 21.060; 21.065; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087; 22.092; and 22.093; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b); Texas Occupations Code (TOC), §§53.021(a), 53.022-53.025, 53.051, 53.052 and 56.003; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2025.
TRD-202501397
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 18, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 475-1497