TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 100. CHARTERS

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS

The Texas Education Agency (TEA) adopts amendments to §§100.1021, 100.1025, 100.1035, 100.1095, 100.1111, 100.1117, 100.1119, 100.1121, 100.1207, and 100.1211, concerning the commissioner of education's rules for open-enrollment charter schools. The amendments to §§100.1021, 100.1025, 100.1035, 100.1095, 100.1119, 100.1121, 100.1207, and 100.1211 are adopted without changes to the proposed text as published in the July 3, 2026 issue of the Texas Register (51 TexReg 4312) and will not be republished. The amendments to §100.1111 and §100.1117 are adopted with changes to the proposed text as published in the July 3, 2026 issue of the Texas Register (51 TexReg 4312) and will be republished. The adopted amendment to §100.1207 specifies non-discriminatory enrollment criteria concerning students with records of serious disciplinary or criminal history to align the rule with Texas Education Code (TEC), §12.111, as amended by House Bill (HB) 6, 89th Texas Legislature, Regular Session, 2025. Further adopted amendments include new charter schools in the list of entities eligible for transfer of property, no-contact provisions for high-performing entity applicants, and clarifications for central administrative officer instructional training requirements.

REASONED JUSTIFICATION: Chapter 100 contains the primary rules governing open-enrollment charter schools in Texas. It outlines the regulations for charter authorization, governance, financial operations, and state oversight established by the TEA and the commissioner of education.

The amendment to §100.1021(d) removes the citation to §100.1035(d), as that citation does not apply.

New §100.1025(h) is added to prohibit high-performing entity applicants from contacting members of the State Board of Education during a certain period.

The amendment to §100.1035 removes subsection (c)(6), which addresses charter holder requests for high-quality campus designations prior to opening a new campus that is tied to an expansion amendment. The federal grant that required subsection (c)(6) is no longer in place.

The amendment to §100.1035(d)(2)(A) clarifies the commissioner's requirements concerning campus dormancy.

New §100.1095(c)(1)(B)(ii)(I)(-b-) includes new charter schools in the list of entities eligible for transfer of property. New charter schools were not on the list previously and this supports a strong new charter launch.

New §100.1111(a)(6) requires each charter school to file an annual disclosure that no school officials, board members, or their close relatives would benefit financially from real estate transactions if the school seeks facilities funding under TEC, §12.106(d).

The amendment to §100.1117(b) explains the new timelines for board members to complete the Texas Open Meetings Act and Texas Public Information Act trainings, replacing the one-calendar-year timeline. In response to public comment, §100.1117(b) was amended at adoption to provide that Texas Open Meetings Act and Texas Public Information Act training applies to board members, not to officers, and the phrase "assume the duties of their roles" was used at adoption to be more specific.

In response to public comment, §100.1117(d)(2)(A) was amended at adoption to provide that Texas Open Meetings Act and Texas Public Information Act training applies to board members, not to officers. Additionally, in response to public comment, the phrase "assume the duties of their roles" was used to be more specific.

The amendment to §100.1117(d)(3) renames the training topic "Evaluating and Improving Student Outcomes" to "Academics and Student Outcomes" to provide consistency and clarity.

The amendment to §100.1119(b) aligns the timeline for new governing board members to complete training to be consistent with the new timelines specified in §100.1117(b).

The amendment to §100.1119(e)(1) moves the requirement for central administrative officers to complete 20 additional instructional hours to new subsection (e)(2) and update the training topic in §100.1119(e)(1)(C) to "Academics and Student Outcomes" to provide consistency and clarity.

New §100.1119(e)(2) relocates language from §100.1119(e)(1), which requires 20 additional instructional hours for central administrative officers, as listed in §100.1117(d).

New §100.1121(b) specifies the timeline for governing board members and officers to complete their trainings by the last business day in July.

New §100.1207(d)(2)(A)-(C) details the nondiscriminatory enrollment criteria that may be used to determine a student's ineligibility for enrollment, which includes conduct resulting in placement in a disciplinary or juvenile justice alternative education program, conduct leading to expulsion, or conviction of a criminal offense or adjudication by a juvenile court, to align with TEC, §12.111, as amended by HB 6, 89th Texas Legislature, Regular Session, 2025.

The amendment to §100.1207(f)(4)(A)-(C) updates the nondiscriminatory enrollment criteria that may be used to determine a student's ineligibility for enrollment at a school specializing in performing arts, which includes conduct resulting in placement in a disciplinary or juvenile justice alternative education program, conduct leading to expulsion, or conviction of a criminal offense or adjudication by a juvenile court, to align with TEC, §12.111, as amended by HB 6, 89th Texas Legislature, Regular Session, 2025.

The amendment to §100.1211(g) removes the requirement for a charter school to submit a copy of the school's calendar to TEA, which duplicates an already required calendar submission under §103.1213(e)(3).

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began July 3, 2026, and ended August 3, 2026. A request for a public hearing was received, and a hearing was held on August 3, 2026. An additional window for public comment on the proposal began August 14, 2026, and ended on August 28, 2026. Following is a summary of public comments received and agency responses.

Comment: The Texas State Teachers Association (TSTA) shared support for the clarification of the no-contact period for high-performing entity new school applicants and questioned if the period is shorter than other applicant types.

Response: The agency provides the following clarification. The no-contact period for Subchapter D charter applicants named in §100.1011(k) ends with external review. The proposed addition of 19 TAC §100.1025(h) is necessary, as the application process for high-performing entities does not include external review, and the no-contact period ends once the high-performing entity is determined as eligible.

Comment: The Texas Association of School Administrators (TASA), TSTA, and one Texas community member shared support for the proposal that charter schools meet criteria for discretionary expansion under 19 TAC §100.1035(d)(2)(A) in order to reopen a charter school campus after dormancy. The commenters called for the rule to be updated to remove discretionary decision-making and ensure that the commissioner requires these criteria.

Response: The agency disagrees. The addition of these criteria to reopen a campus after dormancy ensures that recent charter school performance will be reviewed prior to approving the reopening of the campus.

Comment: A Texas community member raised concerns that independent school districts (ISDs) are not notified of charter campuses reopening after dormancy or when grade levels are changed, as is required for charter school expansion.

Response: The agency disagrees. The updated criteria in 19 TAC §100.1035(d)(2)(A) for reopening dormant campuses provide additional oversight and regulation.

Comment: TASA and TSTA shared support for added assurances in order for charter schools to access funding under TEC, §12.106(e). TSTA questioned when this assurance will begin.

Response: The agency agrees. Adding this assurance to the governance reporting form allows for increased transparency while avoiding duplicative submissions for charter schools. The collection will take place during the governance reporting window each fall, from October through December.

Comment: TSTA shared support for the clarification of expansion requirements under 19 TAC §100.1035(d) applying to Subchapter E university charters.

Response: The agency agrees. The proposed rule corrects a citation to accurately apply 19 TAC §100.1035(d) to Subchapter E university charters.

Comment: TASA, Our Schools Our Democracy, and TSTA questioned whether new charter schools should be added to the list of entities eligible to receive a property transfer after a charter school closes under 19 TAC §100.1095(c)(1)(B)(ii)(I)(-b-).

Response: The agency disagrees. The proposed rule is in alignment with criteria for facilities funding under TEC, §12.106(e), which allows for funding of charter schools that have not yet been assigned a rating.

Comment: The Texas Public Charter Schools Association (TPCSA) shared support for the addition of new schools in the disposition of property when another charter school closes.

Response: The agency agrees that new schools that have not yet been assigned a rating can benefit from this transfer of property.

Comment: A Texas parent called for increased charter school accountability and reforms related to the Individuals with Disabilities Education Act.

Response: This comment is outside the scope of the proposed rulemaking.

Comment: TSTA questioned the removal of the high-quality campus designation and worried its removal would scale back Texas's commitment to high-quality campuses.

Response: The agency disagrees. Section 100.1035(c)(6) has been removed as the federal grant that required the subsection is no longer in place. Removing this subsection does not lower the bar for quality when considering schools for funding. Future grant funding opportunities can determine eligibility based on charter school performance aligned to criteria for expansion, charter school performance framework, number of students on a waitlist, or a variety of other indicators.

Comment: TPCSA questioned how the removal of the high-quality campus designation would affect the awarding of the State Facilities Incentive Grant.

Response: The agency provides the following clarification. While 19 TAC §100.1035(c)(6) has been removed, the grant program will continue to use performance criteria when determining eligibility. These criteria include recent academic accountability ratings, the absence of federal interventions or sanctions, and a Tier 1 rating on the charter school performance framework. The grant program guidelines will specify the applicable criteria.

Comment: TSTA questioned the adjusted timelines for board member training. The board training timeline was contrasted with ISD school board training timelines and the required hours within the first 120 days. Additionally, the increased flexibility of training hours for charter officers was questioned, and it was recommended that all officers should know general Texas education law.

Response: The agency disagrees. The adjusted timelines for board member and officer training allow for a timely completion of both core hours and total required hours within one year of appointment or hire while maintaining that Accountability to the Public hours are completed within the first 90 days. Long term, this allows charter schools to track all hours by academic year as opposed to monitoring different timelines based on hire or appointment date in perpetuity. The increased flexibility allows officers to choose to access more training aligned to their role in school finance, instruction, and operations, and the agency supports this differentiation by role. Comments related to overall number of hours required are outside the scope of the current rule proposal, as these were not altered.

Comment: TPCSA and a Texas administrator recommended that the proposed requirement of Accountability to the Public training hours within the first 90 days be removed for officers and apply only to governing board members.

Response: The agency agrees. The rule has been revised at adoption to only require Texas Open Meetings Act and Texas Public Information Act trainings within the first 90 days for governing board members.

Comment: TPCSA recommended that language be updated from "date appointed or hired" to "date board members or officers assumed duties of the role" for clarity, as there can be a delay between hire date and when the role begins.

Response: The agency agrees. At adoption, the language has been updated to reflect the date board members or officers assumed the duties of the role to ensure the timeline begins accurately.

Comment: TPCSA shared support for streamlining training due dates for new board members and officers and for renaming "Evaluating and Improving Student Outcomes" to "Academics and Student Outcomes."

Response: The agency agrees. The adjustment to timelines allows for more efficient tracking, and the renamed training category provides greater clarity.

Comment: TSTA commented that the removal of calendar submissions to the Division of Charter School Authorizing leads to lessened transparency.

Response: The agency disagrees. This revision removes a duplicative submission, as calendars must also be submitted to the Office of School Safety. The intention is that schools do not have to submit the same calendar to the agency twice.

CHAPTER 129. STUDENT ATTENDANCE

SUBCHAPTER AA. COMMISSIONER'S RULES

The Texas Education Agency (TEA) adopts an amendment to §129.1025, concerning the student attendance accounting handbook. The amendment is adopted without changes to the proposed text as published in the July 10, 2026 issue of the Texas Register (51 TexReg 4456) and will not be republished; however, the handbook adopted by reference in the rule includes changes at adoption. The amendment adopts by reference the 2026-2027 Student Attendance Accounting Handbook. The handbook provides student attendance accounting rules for school districts and charter schools.

REASONED JUSTIFICATION: TEA has adopted its student attendance accounting handbook (SAAH) in rule since 2001. Attendance accounting evolves from year to year, so §129.1025 is updated at least annually to refer to the most recently adopted SAAH.

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

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

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

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

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

In response to public comment, Section 2, Audit Requirements, was modified to delete all references to educational environment and clarify that instructional arrangements are still collected during the 2026-2027 school year.

The changes to Section 3, General Attendance Requirements, include adding a requirement that, beginning in the 2026-2027 school year, districts must have at least 165 instructional days to qualify for a staff development waiver; adding references to new TEC, Chapter 30B, in Section 3.6.3; clarifying that students who have met all diploma requirements are not eligible to generate average daily attendance (ADA), with specified exceptions; and reflecting the repeal of the prohibition on receiving both Additional Days School Year (ADSY) and Senate Bill (SB) 1882 funds, allowing districts to receive both.

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

In response to public comment, the agency has updated Section 4 at adoption to clarify that the special education funding model applies to all students equally if they are enrolled; there is no difference for ECSE students.

In response to public comment, Section 4.3.5 has been added to address students who transfer to the district after having accessed a Texas Education Freedom Account (TEFA) and having received additional TEFA funds as a child with a disability.

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

In response to public comment, the previous language in Section 5.5 was reinstated in the 2026-2027 SAAH.

In response to public comment, Section 7, Prekindergarten (Pre-K), was modified to revise language regarding eligibility to repeat prekindergarten.

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

In response to public comment, additional clarification regarding Years 5 and 6 funding for Rural Pathway Excellence Partnership (R-PEP) students was added to the SAAH.

In response to public comment, the phrase "member states" has been removed from the SAAH.

In response to public comment, additional guidance and language regarding adult charter schools has been added to the SAAH.

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

In response to public comment, the handbook has been revised to provide flexibility and clarity by establishing enrollment requirements based on either a specified number of virtual or hybrid courses or when such instruction exceeds 50% of a student's course schedule.

In response to public comment, the guidance in Section 12 was reorganized, the number of subsections was reduced, and summary charts were added to provide side-by-side comparisons of the various programs.

In response to public comment, the agency removed "on-campus" as a location for remote conferencing that would require a waiver. A waiver is now required only for students participating from off-campus locations.

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

In response to public comment, references to 19 TAC §89.1121 and §89.1125 have been added in the Appendix. Additionally, Section 4.19 has been added, and notes throughout the handbook have been updated to reflect the new special education funding system.

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

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began July 10, 2026, and ends August 10, 2026. Following is a summary of the public comments received and agency responses.

Section 2, Audit Requirements:

Comment: A district manager of Student Information Systems and Public Information Management System (PEIMS) noted that Section 2.3.3 should be revised to align with current PEIMS attendance reporting practices. The commenter stated that since attendance data is reviewed and certified through the PEIMS attendance submission process, superintendent certification could satisfy the existing 6-week attendance report review, thereby reducing duplicate administrative processes while maintaining accountability and consistency statewide.

Response: The agency disagrees as the SAAH mandates the review of certain reports by staff prior to superintendent review and submission.

Comment: A student product manager stated that the audit requirements reference educational environment as replacing the instructional setting code and special education eligible days present; however, the TWEDS 2027.2.0 changelog indicates the EducationalEnvironmentSet is being removed. The commenter requested that TEA update the SAAH to align with current PEIMS/TWEDS data collection requirements.

Response: The agency agrees. At adoption, the agency has deleted references to educational environment in Chapter 2 and has clarified that instructional arrangements are still collected during the 2026-2027 school year.

Section 3, General Attendance Requirements

Comment: A deputy superintendent of business recommended replacing "175 full days" with "175 days" since the statute does not require "full" days and some districts use waiver minutes that reduce the length of the school day. The commenter also recommended removing the requirement that all instructional tracks meet the 175-day threshold, noting that some tracks are used only for attendance tracking of small special education populations. The commenter stated that the existing base calendar requirement adequately demonstrates a 175-day program before adding ADSY-funded days, consistent with House Bill 2.

Response: The agency disagrees. The phrase "all instructional tracks" appears twice in the SAAH to describe the requirement that tracks must meet the 75,600-minute minimum requirement and when specifically describing the required days for ADSY. In Section 3.8.3, "full" refers to the required days for ADSY.

Comment: A Texas parent commented that funding Texas schools based on attendance leaves children and departments in the school inadequately funded.

Response: The agency disagrees. Any change to the current funding mechanism requires legislative action, is not a process that TEA can unilaterally change, and falls outside the scope of the SAAH.

Comment: State Representative Mary Gonzalez expressed support for Senate Bill 991, noting that defining and collecting data on chronic absenteeism and truancy will help districts identify attendance trends, better target interventions, and support students who may have previously been overlooked. The representative expressed appreciation for TEA's commitment to improving student outcomes across Texas.

Response: The agency agrees; however, this comment is outside the scope of the SAAH.

Comment: Disability Rights Texas (DRTx) recommended clarifying Section 3.6.3 to explicitly state that students with disabilities participating in 18+ programs or receiving 18+ services, including off-campus services, are considered present for FSP funding purposes. The commenter stated that this would align attendance guidance with existing provisions for alternative attendance methods used in community-based instruction.

Response: The agency disagrees. The list in Section 3.6.3 of the SAAH references statutorily required excused absences for purposes of FSP funding. Students in 18+ programs can be counted present during an alternative attendance taking time, which is mentioned in Section 3.6.2.2 of the SAAH.

Section 4, Special Education

Comment: An education service center specialist commented that Section 4 of the SAAH should be updated to clarify that special education weighted funding must be discontinued during disciplinary removals when a student does not receive services outlined in their individualized education program (IEP) for more than 10 consecutive days, consistent with federal requirements. The commenter stated that language should mirror existing guidance for career and technical education (CTE) and emergent bilingual students. The specialist also recommended revising the final sentence in Section 4.6 to improve clarity regarding short-term removals.

Response: The agency disagrees. Special education services are required to be provided, regardless of whether funding is generated. Section 4.6 simply refers to not reporting contact hours if those services are not provided for purposes of state funding. Federal law does not make an exception to the requirement for children to receive educational services even while in an interim alternative placement.

Comment: An ECSE specialist requested additional SAAH guidance for students who remain in ECSE beyond age 5 at a parent's request and that the agency clarify coding and enrollment procedures, address eligible early education (EE) coding limitations when a student turns six, consider allowing EE coding through the school year if the student was age five on September 1, and allow the Childhood Outcomes Survey (COS) exit process at year-end regardless of age. Also, the commenter requested a correction from ESCE to ECSE in Sections 4.9.4 and 4.9.9 of the 2026-2027 SAAH Change Document.

Response: The agency disagrees. The commenter's recommendations are not SAAH determinations but rather local education agency and admission, review, and dismissal (ARD) committee decisions. More guidance regarding students who remain in ECSE beyond age 5, appropriate coding, and enrollment procedures will be addressed and clarified in separate guidance and linked in the SAAH. The COS exit process is also not a SAAH determination but rather a data-gathering process outside of SAAH. More information regarding the COS process exit criteria can be found in the special education Summer Submission Guidance document.

Comment: An ECSE specialist asked whether the new special education funding model will affect the instructional setting charts on pages 131 and 132 since instructional setting codes are part of the new funding methodology. The specialist also requested clarification on whether ECSE will be included in the new funding model or remain a separate chart.

Response: The agency provides the following clarification. The special education funding model applies to all students equally if they are enrolled; there is no difference for ECSE students.

Comment: DRTx recommended updating Section 4.3 to address students returning from the TEFA program, including requirements to review TEFA or standard IEP documentation and determine whether a new full and individual initial evaluation and/or IEP is needed.

Response: The agency agrees. At adoption, new Section 4.3.5 has been added to address students who transfer to the district after having accessed a TEFA and having received additional TEFA funds as a child with a disability.

Comment: DRTx recommended revising Section 4.7.2 to require physician documentation before homebound placement is considered for students ages 3-5, with the ARD committee determining whether homebound is the most appropriate placement.

Response: The agency disagrees. At times, the ARD committee will determine that educational services at home reflect a child's most natural environment, which is part of considerations for a young child when determining necessary special education and related services.

Comment: DRTx recommended updating the Code 96 definition in Section 4.7.20 to include students with disabilities served primarily in alternative instructional units, improving transparency in reporting separate campus placements.

Response: The agency disagrees. It would not be appropriate at this time, especially since instructional arrangements will not be reported after the 2026-2027 school year. TEA will, however, research over the 2026-2027 school year whether a specific data element can be added in a future school year to address the commenter's concern.

Section 5, Career and Technical Education

Comment: A senior director of training at Career & Technical Association of Texas stated that the proposed CTE contact hour revisions for block schedules appear to be a substantive methodology change, not merely clarification, because they alter V-code assignments, contact hour calculations, and resulting CTE funding. The commenter expressed concern that funding differences could be driven by bell schedule design rather than instructional time and requested additional explanation and clarification.

Response: The agency agrees and recognizes that the recent language revisions may have resulted in unintended confusion rather than improved clarity. Accordingly, the previous language in Section 5.5 has been reinstated in the 2026-2027 SAAH.

Comment: A deputy superintendent of business and a Texas teacher recommended revising Sections 5.2 and 5.5 so that the 45-minute requirement is based on an average daily instructional time rather than 45 minutes every day. The Texas teacher further expressed concern that the proposed 45-minute daily requirement is unfair, noting that districts with shorter class periods on some days could lose funding despite providing equal or greater total instructional minutes. They noted that V-codes are determined using average minutes, and funding calculations should use the same approach to maintain flexibility and align with the legislature's intent to base funding on instructional minutes rather than rigid daily schedules.

Response: The agency disagrees. CTE instruction often involves specialized equipment that must be set up and dismantled, so a minimum class period of 45 minutes is necessary to support effective instruction and operations. CTE weighted funding is provided because labs, equipment, and materials are more expensive to operate than traditional core classes.

Section 7, Prekindergarten (Pre-K)

Comment: Two Texas parents stated that Texas Education Code, §29.153, establishes minimum age requirements for prekindergarten but does not require a September 1 cutoff date. The parents stated that this policy excludes otherwise eligible students with late-September birthdays, potentially delaying enrollment by a full year and limiting early learning opportunities, particularly for English language learner students who benefit from early language development and school readiness experiences.

Response: The agency disagrees. Any change to the current funding mechanism requires legislative action and is outside the scope of the SAAH.

Comment: A PEIMS coordinator asked for clarification on the effective date for prekindergarten eligibility and ADA funding when a student is identified through direct certification after the school year begins but the direct-certification record shows an earlier eligibility date. The coordinator further asked for guidance and an example in Sections 7.2.3 and 7.5 addressing whether the eligibility date on the direct-certification record or the date the district receives the record determines the start date for prekindergarten ADA funding, whether districts may retroactively update the student's ADA eligibility code and eligible days present back to the student's first day of attendance, and what documentation districts must retain to support any retroactive corrections.

Response: The agency disagrees. Section 7.2 of the SAAH clearly states that districts must verify a student's prekindergarten eligibility and maintain supporting documentation on file before reporting eligible prekindergarten days present for funding. A student may not be reported as eligible for prekindergarten ADA until the district has obtained documentation verifying eligibility. Because Section 7.2 already establishes the requirements for verifying eligibility and claiming funding, no additional clarification or examples are needed.

Comment: A Texas administrator stated that the statement in Section 7.2 is unclear because the language after "or" does not specify whether the child must have been previously eligible for prekindergarten or currently qualify under an eligibility criterion. The administrator requested TEA revise the language to clarify that eligibility to repeat prekindergarten applies only to a student who was previously eligible for prekindergarten and has not yet enrolled in Kindergarten.

Response: The agency agrees, and language in Section 7.2 related to prekindergarten eligibility has been revised at adoption.

Comment: An executive director of special education commented that page 131 of the SAAH addresses instructional arrangement codes 41 and 42 only for half-day prekindergarten students and asked for clarification on how these codes apply to full-day prekindergarten students who otherwise meet the eligibility criteria.

Response: The agency disagrees that updates are needed; however, the agency has added a reference that the chart will be deleted beginning with the 2027-2028 SAAH so that readers are directed to the guidance document associated with prekindergarten program coding and students with disabilities.

Section 10, Alternative Education Programs and Disciplinary Removals

Comment: DRTx recommended adding guidance to Section 10 requiring an ARD committee meeting within 10 school days of placing a student with a disability in an alternative education program (AEP) or virtual expulsion program (VEP), with AEP/VEP administrators participating to ensure required special education and related services are provided.

Response: The agency disagrees. The district would be responsible for determining the services the student would receive during participation in either program and must hold an ARD committee meeting if it results in a change of placement.

Comment: DRTx recommended clarifying Section 10.6.1 to define daily participation in a VEP for students with disabilities as logging into the program, engaging with an instructor, and making progress in the curriculum.

Response: The agency disagrees as the standards for attendance will apply for students with and without disabilities.

Section 11, Non Traditional Programs

Comment: Empower School requested additional guidance in the SAAH on how 5th- and 6th-year funding for P-TECH and R-PEP programs is calculated and distributed, including how funds flow to the receiving entity (e.g., school district or higher education partner).

Response: The agency agrees and has revised the SAAH at adoption to provide additional clarification regarding Year 5 and Year 6 funding for R-PEP students, including applicable funding and attendance accounting requirements.

Comment: An at-risk coordinator stated that Section 11.9 references "member states" participating in the Interstate Compact on Educational Opportunity for Military Children but that all 50 states and the District of Columbia currently participate.

Response: The agency agrees and has removed the phrase "member states" from the SAAH at adoption.

Comment: A Texas teacher stated that the SAAH does not appear to provide specific attendance accounting and funding guidance for adult charter school students. The teacher asked for clarification on how funding is calculated for adult charter students who are reported as 100% enrolled, how and when enrollment is tracked and reported for funding purposes, what accountability measures ensure adult charter schools provide educational services to funded students, and whether additional attendance accounting and reporting requirements for adult charter programs should be included in the SAAH to promote transparency and consistency.

Response: The agency agrees and has modified Section 11 at adoption to address the commenter's concerns.

Section 12, Virtual, Hybrid, Remote and Electronic Instruction

Comment: A Texas administrator commented that for a student in an 8-period day who takes four courses in person and four virtually, the proposed SAAH appears to require enrollment in a full-time virtual or hybrid program or campus. The administrator requested revising the guidance to specify that students taking virtual or hybrid courses for more than 50% of the instructional day must be enrolled in a full-time virtual or hybrid program or campus.

Response: The agency agrees. The agency recognizes that the percentage of a student's schedule delivered through virtual or hybrid instruction is an important consideration. To provide both flexibility and clarity, the handbook has been revised at adoption to include enrollment requirements based on either a specified number of virtual or hybrid courses or when virtual or hybrid instruction exceeds 50% of a student's course schedule.

Comment: A Texas teacher, parent, and principal stated that the section on virtual and hybrid learning is lengthy, repetitive, and difficult to navigate. They requested that Section 12 be reorganized and simplified and suggested that a concise chart or matrix format, like guidance in prior To the Administrator Addressed letters, would improve clarity, usability, and consistency for districts and auditors.

Response: The agency somewhat disagrees with this comment. The guidance in Section 12 is intended to serve as a comprehensive resource for school systems considering or implementing virtual and hybrid education. The level of detail provided is designed to ensure that districts and open-enrollment charter schools have access to the information necessary to make informed local decisions and understand applicable requirements. The agency agrees that guidance should be organized in a manner that is easy to navigate and understand. As a result, revisions were made at adoption to reduce the number of subsections and improve the overall organization of the content. Additionally, summary charts were added to provide side by side comparisons with the differed programs. The agency has determined that the revised organization improves usability while maintaining the level of detail necessary to support consistent implementation of virtual and hybrid education programs.

Comment: A Texas citizen recommended that TEA remove the requirement for a state waiver for virtual related services, such as speech-language therapy, and allow eligibility to be determined solely by the ARD committee based on whether virtual service delivery is necessary to provide a free appropriate public education. The commenter argued that the waiver requirement is inconsistent with current Texas licensure standards, which recognize teletherapy and permit fully virtual supervision for speech-language professionals.

Response: The agency agrees and, at adoption, has removed "on-campus" as a location for remote conferencing that would require a waiver. Therefore, the waiver for remote conferencing is only required when the student is at an off-campus location.

Section 13, Appendix

Comment: DRTx recommended adding references to 19 TAC §89.1121 and §89.1125 in Section 13 to support implementation of the revised special education funding formula.

Response: The agency agrees and has added the rule references in the Appendix at adoption. The agency has also added Section 4.19 and adjusted notes in various sections of the handbook to reference the new special education funding system.

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

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

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 October 26, 2026.

TRD-202604528

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 15, 2026

Proposal publication date: July 10, 2026

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