TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

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 June 27, 2025 issue of the Texas Register (50 TexReg 3712) and will not be republished; however, the handbook adopted by reference in the rule includes changes at adoption. The amendment adopts by reference the 2025-2026 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 2000. Attendance accounting evolves from year to year, so the intention is to annually update §129.1025 to refer to the most recently published SAAH.

Each annual 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. The final version of the SAAH is published on the TEA website. A supplement, if necessary, is also published on the TEA website.

The adopted amendment to §129.1025 adopts by reference the SAAH for the 2025-2026 school year. The adopted handbook, including a change document with a comprehensive list of changes, is available on the TEA website at https://tea.texas.gov/finance-and-grants/financial-compliance/student-attendance-accounting-handbook.

Significant changes to the 2025-2026 Student Attendance Accounting Handbook include the following.

Section 1 Overview

Texas Education Code (TEC), Chapter 48, specifically §48.008, establishes the requirements for adopting an attendance accounting system and reporting attendance accounting data through Texas Student Data System Public Education Information Management (TSDS PEIMS). The following changes implement reporting requirements for attendance and funding.

The description of Section 12 of the handbook is revised to include virtual and hybrid instruction in courses and programs offered by the Texas Virtual School Network (TXVSN).

Section 2 Audit Requirements

TEC, Chapter 48, specifically §48.004, establishes the requirements for violation of presenting reports that contain false information. TEC, §48.004, authorizes the commissioner of education to require audit reports to be submitted for review and analysis. TEC, §44.010, allows for the review of budget, fiscal, and audit reports to determine whether all legal requirements have been met. The following changes implement reporting for audit requirements to account for attendance and funding.

Student identification data elements are revised to include gender codes, English as a Second Language (ESL) program types (Section 6), gifted/talented indicators (Section 8), and Pregnancy-Related Services (PRS) indicators (Section 9), where applicable. In items 22 and 23 of the list of required data items, Student Detail Reports are revised to include full-time equivalent (FTE) calculations for all special programs. Special program documentation is updated to include proof of service (for example, a doctor's note for pregnancy notification).

Section 3 General Attendance

TEC, §25.081, and Chapter 48, specifically §48.005, establish the general parameters for attendance and school operation. The following changes implement reporting requirements for attendance and funding.

Language is revised to state that districts offering full-day prekindergarten (pre-K) for eligible four-year-olds must provide 75,600 operational minutes. Language is revised to state that average daily attendance (ADA) code 0 Enrolled, Not in Membership applies to students in private or non-district early childhood programs receiving district services (e.g., speech therapy) and private school students (ages 5-21 years old) receiving special education through an individualized services plan. Language is added to state that a student with a disability may receive special education services through age 21 if the district determines they met Texas criteria after earning a diploma elsewhere. The district must evaluate the transcript and confirm funding eligibility. Language listing the conditions used to determine if a student should have assigned the StudentCharacteristic 02 (Immigrant) element code for TSDS PEIMS reporting purposes is revised. Contact information for noncompliance reporting is updated. Language is revised to state that a student is ineligible for ADA if assigned out of school suspension on the first day of school. Language is revised to state that a student experiencing homelessness or a student who is in foster care should be admitted temporarily for 30 days, even if acceptable evidence of vaccination is not available. Language is added to state that, beginning in the 2026-2027 school year, district calendars must include extra minutes or makeup days for at least two missed days due to bad weather or health and safety concerns. Language is revised to state that a student should not be withdrawn if the student is being excused from attendance due to a serious or life-threatening illness. Language is updated to specify that waiver rules that apply to the whole district now apply also to individual campuses. Language is revised to address campus closures due to unforeseen circumstances.

In response to public comments, Section 3.2.2 of the SAAH was modified at adoption to clarify guidance on funding eligibility for aide periods.

In response to public comments, Section 3.2.3.1 of the SAAH was modified at adoption to address House Bill (HB) 2757, 89th Texas Legislature, Regular Session, 2025, which requires school districts to allow a student of a military member of a foreign military force stationed in the United States to establish minimum eligibility age requirements for enrollment.

In response to public comments, Section 3.4.4 of the SAAH was modified at adoption to provide guidance on behavioral threat assessments transfer through the Sentinel school safety platform.

In response to public comments, Section 3.6.2 of the SAAH was modified at adoption to include a rule regarding Senate Bill (SB) 1049 related to absences due to a released time course.

In response to public comments, Section 3.6.3 of the SAAH was modified at adoption to provide clarification on students with life threatening illness.

In response to public comments, Section 3.6.3 of the SAAH was modified at adoption to refer to the required district-adopted form and the form's required information as a result of HB 367, 89th Texas Legislature, Regular Session, 2025.

In response to public comments, Section 3.6.3 of the SAAH was modified at adoption with updates from HB 367 related to documentation requirements for serious or life-threatening illness.

In response to public comments, Section 3.8.1.1 of the SAAH was modified at adoption to clarify the designation of the additional days built into the school calendar.

Section 4 Special Education

TEC, Chapter 48, specifically §48.102, authorizes funding for special education in certain circumstances. TEC, §48.004, authorizes the commissioner to require reports that may be necessary to implement and administer the FSP. The following changes implement reporting for special education to account for attendance and funding.

The ADA eligibility code for private or homeschool students between the ages of 5-21 years is revised. Language concerning instructional setting codes are updated for clarification. Language concerning reporting requirements for students reported with instructional setting code 00 is updated. Language is revised to correct requirements for placing a student receiving special education services in a homebound setting. Language is revised to clarify the eligible ADA code for students receiving special education services who are five years of age or older and being served in a homebound setting. Language is revised to provide additional guidelines for instructional setting codes, and A/B block schedule. Language referencing the attribution code for the Texas School for the Deaf, speech therapy, and Special Education Program Services 23, 24, and 25 is updated to align with the new Texas Education Data Standards (TEDS). Language is revised to state that, starting in the 2025-2026 school year, special education and related services for eligible children with disabilities ages 3-5 will be provided through Early Childhood Special Education (ECSE) and not in kindergarten. Revisions are made to codes, examples, and special education terminology to align with TEDS.

Section 5 Career and Technical Education (CTE)

TEC, Chapter 48, including §48.106, authorizes funding for career and technical education (CTE) in certain circumstances. TEC, Chapter 29, Subchapter F, establishes general parameters for CTE programs. TEC, §48.004, authorizes the commissioner to require reports as may be necessary to implement and administer the FSP. The following changes implement reporting for CTE to account for attendance and funding.

As specified in section 5.10, Documentation, a requirement is added that local education agencies (LEAs) must maintain documentation showing a minimum of 45 minutes per day for each CTE course. Clarifications are made to areas concerning CTE course state-weighted funding, how CTE contact hours are earned, and continuing CTE contact hours for students participating in paid or unpaid work-based instruction. Text concerning contracting with other entities to provide CTE courses is removed. The term "service id" is replaced with "course code," and the section includes a reference to the singular training plan form. In addition, the new language adds a requirement for student reports to be recorded using the TSDS PEIMS Course Transcript Entity when they complete a semester of a course. Updates are made to TAC links in the footnotes and a course name, and new examples and references to those are included.

Section 6 Bilingual/English as a Second Language (ESL)

TEC, Chapter 48, specifically §48.105, authorizes funding for bilingual or special language programs in certain circumstances. TEC, Chapter 29, Subchapter B, establishes general parameters for bilingual and special language programs. TEC, §48.004, authorizes the commissioner to require reports as may be necessary to implement and administer the FSP. The following changes implement reporting for bilingual and special language programs to account for attendance and funding.

Language is updated to align with recently revised commissioner rules as well as the TSDS PEIMS data descriptions. Language is revised to state that a district may offer a bilingual program beyond required grade levels or before reaching the minimum emergent bilingual (EB) student requirement. Language is revised to state that English for speakers of other languages (ESOL) programs I and II must be taught by certified teachers with ESL or bilingual certification. Language is revised to state that each student in a bilingual or ESL program, or under an alternative methods descriptor, must be identified with the appropriate descriptor in the attendance accounting system. Language is revised to state that bilingual/ESL eligible days must be removed if a student is in a disciplinary setting for over five days without receiving equivalent services from a certified teacher. Language is updated to clarify exit procedures, monitoring of reclassified students, Home Language Survey (HLS) requirements, and Texas English Language Proficiency Assessment System (TELPAS) scores to align with recently revised commissioner rules as well as the TSDS PEIMS data descriptions. Language is revised to state that a district must promptly record the appropriate bilingual, ESL, or alternative method descriptor once a student meets eligibility requirements.

In response to public comments, Section 6.8 of the SAAH was modified at adoption to reflect a link to the reclassification criteria chart.

Section 7 Prekindergarten (Pre-K)

TEC, Chapter 29, Subchapter E, establishes special general parameters for pre-K programs. TEC, Chapter 48, including §48.005, establishes ADA requirements and authorizes funding for certain circumstances. TEC, §48.004, authorizes the commissioner to require reports that may be necessary to implement and administer the FSP. The following changes implement reporting for pre-K to account for attendance and funding.

Language is revised to reflect student eligibility for free public pre-K. Language is revised to state that a district must submit the required documentation to the Texas Department of Agriculture (TDA) to qualify a student for the National School Lunch Program (NSLP) and code an eligible pre-K student as economically disadvantaged for state compensatory education funding. Examples in section 7.6.1 are updated.

In response to public comments, Section 7.2 of the SAAH was modified at adoption to clarify both the eligibility criteria and the necessary supporting documentation that specifically apply to classroom teachers as defined in TEC, §5.001.

Section 8 Gifted/Talented

TEC, Chapter 29, Subchapter A, establishes parameters for nontraditional programs. TEC, Chapter 48, including §48.005, establishes ADA requirements and authorizes funding for certain circumstances. TEC, §48.004, authorizes the commissioner to require reports that may be necessary to implement and administer the FSP. The following changes implement reporting for gifted/talented to account for attendance and funding.

Language regarding enrollment and withdrawal procedures and examples to align with TEDS are updated.

Section 9 Pregnancy-Related Services (PRS)

TEC, Chapter 48, including §48.104, authorizes funding under certain circumstances for students who are pregnant. TEC, §48.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes are implemented by reporting for PRS to account for attendance and funding.

Language is revised to state that Student Detail Reports must include a PRS indicator for all students served in the PRS program and eligible for state funding. Language regarding test administration procedures when a student is in a compensatory education home instruction (CEHI) program setting is clarified.

Section 10 Alternative Education Programs (AEPS) and Disciplinary Removals

TEC, Chapter 48, specifically §48.270, establishes the requirements for violation of presenting reports that contain false information. TEC, §48.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. TEC, §44.010, allows for the review of budget, fiscal, and audit reports to determine whether all legal requirements have been met. The following changes implement reporting for audit requirements to account for attendance and funding.

Language is revised to update TSDS PEIMS reporting elements, to update out of school suspension policies to align with the preferred terminology, and to clarify that TEC, Chapter 37, provides statutory discipline requirements and the TEDS provides reporting guidelines.

Section 11 Nontraditional Programs

TEC, Chapter 29, Subchapter A, establishes special general parameters for nontraditional programs. TEC, Chapter 48, including §48.005, establishes ADA requirements and authorizes funding for certain circumstances. TEC, §48.004, authorizes the commissioner to require reports that may be necessary to implement and administer the FSP. The following changes implement reporting for nontraditional programs to account for attendance and funding.

Language is revised to clarify campus wide school calendar requirements concerning Additional Days School Year (ADSY) and to state that the ADSY waiver follows the same requirements as the missed school day waiver.

In response to public comments, Section 11.3 of the SAAH was modified at adoption to include guidance for reporting contact hours for R-PEP.

In response to public comments, Section 11.5 of the SAAH was modified at adoption to include updated language for ADSY eligibility, calendar and instructional requirements, formula funding, and scheduling based on HB 2, which addressed pre-K eligibility for students of classroom teachers.

Section 12 Virtual, Remote, and Electronic Instruction

TEC, Chapter 30A, establishes the general parameters for TXVSN. TEC, §30A.153, authorizes funding for TXVSN for the FSP under certain circumstances. TEC, §48.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes implement reporting for TXVSN to account for attendance and funding.

Revisions are made to add the expansion of the TXVSN program and course catalog to include Grades 6-12; to outline enrollment, funding eligibility, and successful course completion requirements; to describe expansion of TXVSN online schools (OLS) to Grades 3-8 and 9-12; and to specify that student enrollment in TXVSN courses or OLS programs does not prevent a district from serving students in special programs like special education, CTE, bilingual/ESL, or PRS, nor from receiving weighted funding if all program requirements are met. Language is revised to state that a school district or open-enrollment charter school must not require a student to enroll in an electronic course. Clarification is made regarding remote synchronous instruction and the application for remote homebound or remote conferencing waivers for both general education students and students receiving special education services. Language concerning schools with TXVSN waivers or approved remote or hybrid dropout recovery programs for on campus online courses is clarified.

In response to public comments, clarification was provided at adoption that guidance regarding SB 569, 89th Texas Legislature, Regular Session, 2025, will be provided outside of the 2025-2026 SAAH and that future guidance will be included in the 2026-2027 SAAH.

Glossary

Definitions are updated along with the link to the TSDS PEIMS webpage. A link is added to the Every Student Succeeds Act (ESSA) webpage.

In response to public comments, the Glossary was modified at adoption to reflect the requirements of HB 6, 89th Texas Legislature, Regular Session, 2025, which addressed disciplinary placement for students with disabilities.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began June 27, 2025, and ended July 28, 2025. Following is a summary of the public comments received and agency responses.

Section 3 General Attendance Requirements

Comment: A coordinator of data quality and student information recommended clearer guidance on FSP funding eligibility for student aide periods, including office, library, athletic, and teacher aide roles, and suggested adding this clarification to the Two-through-Four-Hour Rule eligibility chart.

Response: The agency agrees, and Section 3.2.2 of the SAAH has been updated at adoption to include these types of courses for eligibility.

Comment: A director of data integrity commented that the SAAH needs to address HB 2757, 89th Texas Legislature, Regular Session, 2025.

Response: The agency agrees, and Section 3.2.3.1 Additional Requirements for Minimum Eligible Age has been updated at adoption to add reference to HB 2757 for enrollment.

Comment: A director of data integrity and a teacher commented that the new Sentinel system is designed for reporting threat assessments, yet the SAAH still requires submission through Texas Records Exchange system (TREx). The commenter stated that clarification is needed to determine if districts are expected to report through both systems and if Sentinel is the designated system, the TREx requirement should be removed from the SAAH.

Response: The agency agrees and provides the following clarification. In accordance with 19 TAC §103.1213, effective August 1, 2025, behavioral threat assessments must be transferred utilizing the Sentinel school safety platform. Discipline records will continue to be transferred in accordance with existing processes. Section 3.4.4 has been updated at adoption to reflect that behavioral that assessment records should not be transferred through TREx and affirming that disciplinary records, including incomplete disciplinary actions, must still be transferred using TREx.

Comment: A director of information services and a director of integrity inquired if the adopted version of the SAAH will include guidance on SB 1049, 89th Texas Legislature, Regular Session, 2025.

Response: The agency agrees that SB 1049 should be included in the SAAH. At adoption, Section 3.6.2 has been updated to include language regarding SB 1049, related to absences due to a released time course.

Comment: A Texas educator asked for clarification regarding Section 3.6.3, specifically why the provision for life-threatening illness does not extend to students who are fully admitted to treatment facilities.

Response: The agency agrees that clarification is necessary and has added that a student may be marked absent due to a serious or life-threatening illness, and that a parent can submit a district-approved form with certification from a physician. The agency has modified Section 3.6.3 at adoption to align with HB 367, which addresses documentation requirements for serious and life-threatening illnesses.

Comment: The Texas Council of Administrators of Special Education (TCASE) commented that the SAAH must be updated to reflect HB 367, which updates the procedures and requirements related to excused absences for serious or life-threatening illnesses.

Response: The agency agrees, and Section 3.6.3 has been modified accordingly at adoption to reflect requirements needed on district-adopted forms.

Comment: A teacher asked for more guidance regarding HB 367 and the forms districts need to create to document life-threatening illness absences.

Response: The agency agrees more guidance is necessary. Section 3.6.3 has been updated at adoption to include language regarding HB 367 and the form requirements.

Comment: A director of data integrity commented that HB 367 prohibits schools from requiring documentation beyond the standardized form verifying a serious or life-threatening condition. However, current SAAH guidance mandates submission of discharge summaries and appears to conflict with HB 367. The commenter recommended removing the discharge paperwork requirement from SAAH.

Response: The agency agrees and has modified Section 3.6.3 at adoption to implement HB 367. The updated language refers to the required district-adopted form and the form's required information. Additionally, the district is not authorized to ask for more information on their form than what is listed in statute.

Comment: A coordinator of data quality and student information requested clarification on how additional days built into the school calendar should be designated, specifically whether they must be labeled as bad weather days or if they can remain undesignated.

Response: The agency agrees clarification is needed, and Section 3.8.1.1 has been updated at adoption to include how those days must be designated on the calendar.

Comment: A director of data integrity commented that, in Section 3.8.2, the use of the word "some" in the first two examples places an undue burden on districts, potentially requiring separate calendars for individual schools. The commenter stated that this could lead to inequities and low attendance if only a few schools must make up time. The commenter recommended keeping the examples district-wide and allowing a missed school day or minutes waiver to help LEAs maintain calendar consistency.

Response: The agency disagrees. The examples relate to early closure and not a missed day of instruction. A missed school day waiver is not available. Calendars are a local decision of the district in which they may build in additional minutes at the start of the year or add minutes as needed at the district or campus levels to account for any unanticipated events or closures.

Comment: A director of data integrity asked for clarity on how to handle cases where a student temporarily relocates out of state (e.g., for acting or sports). The commenter stated that if no virtual option is available, the LEA may need to withdraw the student despite the family residing in-district. The commenter recommended clear guidance and examples to help ensure consistent handling of such situations.

Response: The agency disagrees. The requested clarification directly contradicts established residency definitions in TEC, §25.001(b).

Comment: A director of data integrity commented that, if a student is hospitalized in another state for more than 10 days and no virtual instruction is available, the district is not obligated to provide services. The commenter recommended that the SAAH provide clear guidance to LEAs on when withdrawal is appropriate in such cases.

Response: The agency disagrees. The requested clarification contradicts established residency definitions in TEC, §25.001(b).

Section 4 Special Education

Comment: TCASE commented that HB 2, 89th Texas Legislature, Regular Session, 2025, and SB 568, 89th Texas Legislature, Regular Session, 2025, will phase out instructional setting codes for special education starting in the 2026-2027 school year, replacing them with a new intensity of services funding model. TCASE recommended that the SAAH be updated to reflect the changes.

Response: The agency disagrees, as these changes will not be effective until the 2026-2027 school year. However, a note of clarification has been added at adoption to the beginning of Section 4.

Comment: TCASE commented regarding HB 6 and requested clarification on the disciplinary placements for students with disabilities in the SAAH, especially regarding in-school suspension, virtual placements, and younger students. TCASE added that additional examples would help ensure consistency and integrity across districts.

Response: The agency disagrees, as this type of guidance is outside the scope of SAAH.

Comment: TCASE commented that, due to the September 1, 2025, effective date of SB 2, 89th Texas Legislature, Regular Session, 2025, the SAAH should update procedures for parents requesting evaluations for Educational Savings Account (ESA) program participation.

Response: The agency disagrees that changes are necessary at this time. ESAs will go into effect with the 2026-2027 school year; any necessary changes will be incorporated into the 2026-2027 SAAH.

Comment: TCASE requested that the SAAH clarify what qualifies as an individualized education program (IEP) for ESA eligibility in regards to changes made by SB 2, since current definitions only include special education IEPs and private school service plans.

Response: The agency disagrees that changes are necessary at this time. ESAs will go into effect with the 2026-2027 school year; any necessary changes will be incorporated into the 2026-2027 SAAH.

Comment: TCASE commented that language should be added to the SAAH clarifying that, starting in 2026-2027 school year, ESA participants cannot be dually enrolled in early childhood special education, as public school enrollment disqualifies ESA eligibility. TCASE added that future guidance is also needed for ESA students who graduate but remain eligible for services through age 21.

Response: The agency disagrees that changes are necessary at this time. ESAs will go into effect with the 2026-2027 school year; any necessary changes will be incorporated into the 2026-2027 SAAH.

Comment: TCASE commented that the SAAH should be updated to reflect the various changes to virtual education made by SB 569.

Response: The agency disagrees. TEA will provide guidance regarding SB 569 outside of the 2025-2026 SAAH and that guidance will be included in the 2026-2027 SAAH.

Section 6 Bilingual/ English as a Second Language

Comment: A director of data integrity commented that the SAAH and corresponding linked funding charts need to be aligned with changes made by SB 2185, 89th Texas Legislature, Regular Session, 2025, which adjusts EB funding for alternative bilingual/ ESL programs.

Response: The agency agrees, and the link to the reclassification criteria chart in Section 6.8 has been updated at adoption to align with SB 2185.

Comment: A Texas administrator commented that there is a need for reviewing Section 6.8 Reclassification Criteria and Exit procedures to confirm if the statement delivered with no second language acquisition supports is still accurate, especially with the recent changes allowing students to receive accommodations on the Reading and English State of Texas Assessments of Academic Readiness (STAAR®) end-of-course assessments and still qualify for reclassification.

Response: The agency agrees, and the SAAH has been updated at adoption to reflect a link to the reclassification criteria chart.

Section 7 Prekindergarten (Pre-K)

Comment: A Texas teacher and a deputy superintendent of business inquired if the proposed 2025-2026 SAAH includes new eligibility criteria that would allow children of district employees to qualify for free pre-K. Additionally, a director of data integrity commented that the SAAH should provide clear guidance and examples regarding changes made by HB 2 to pre-K eligibility for children of classroom teachers. The commenter stated that the SAAH should include the eligibility category, specific documentation for verification of employment, and clarify changes in eligibility if the teacher leaves before April 2.

Response: The agency agrees that new eligibility criteria are needed. At adoption, TEA has added Sections 7.2.8 Pre-K Eligibility Based on a Parent's Employment as a Classroom Teacher and 7.2.8.1 Documentation Required to provide further clarity. The new eligibility criteria specifically apply to classroom teachers as defined in TEC, §5.001.

Section 11 Nontraditional Programs

Comment: A Texas teacher requested adding guidance to the SAAH for districts participating in the Rural Pathway Excellence Partnership Program (R-PEP).

Response: The agency agrees that R-PEP guidance should be included, and at adoption Section 11.3 has been updated to include guidance for reporting contact hours for R-PEP.

Comment: A Texas teacher asked if any updated guidance regarding ADSY will be included in the 2025-2026 SAAH.

Response: The agency agrees this language should be included. At adoption, Section 11.5 was updated with the language for ADSY eligibility, calendar and instruction requirements, formula finding, and scheduling based on HB 3, which addresses pre-K eligibility for students of classroom teachers.

Comment: A coordinator of data quality and student information commented that fully online dual enrollment courses need clear instruction on how FSP funding eligibility is maintained and which requirements must be met if the instructor is not present or available for real-time, two-way communication and instruction.

Response: The agency disagrees that clarification is needed. Guidance in Sections 11.3.1, 11.3.1.3, and 12.5 supports ADA generation and FSP funding eligibility when attendance requirements are met, including for self-paced and non-traditional instructional formats.

Section 12 Virtual, Remote and Electronic Instruction

Comment: A director of data integrity commented that the SAAH is silent on the requirements for both removing the current TXVSN language and replacing it with the elements of SB 569. The SAAH is also silent on how districts will be required to take attendance and the documentation needed for virtual instruction.

Response: The agency agrees this information is not included in the proposed 2025-2026 SAAH, and at adoption a statement was added that guidance regarding changes made by SB 569 will be provided outside of the 2025-2026 SAAH and included in the 2026-2027 SAAH.

Comment: A director of data integrity commented that, since SB 569 allows virtual instruction, the special education (SPED) waiver for virtual homebound students should be removed, as virtual learning is now a standard method and should be equally available to SPED students.

Response: The agency disagrees that the SPED waiver for virtual homebound students should be removed. Guidance regarding changes made by SB 569 will be provided outside of the 2025-2026 SAAH and included in the 2026-2027 SAAH. The handbook was updated at adoption to include a note related to this guidance.

Glossary

Comment: A parent commented that the glossary term entry for in-school suspension (ISS) should be updated to reflect HB 6, which removes the previous three-day limit. The parent stated that under HB 6, ISS is no longer subject to any time restriction.

Response: The agency agrees, and the glossary has been updated at adoption to reflect the new definition due to changes made by HB 6.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §5.001, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025, which states the definition of classroom teacher; TEC, §7.055(b)(35), which states that the commissioner shall perform duties in connection with the Foundation School Program (FSP) as prescribed by TEC, Chapter 48; TEC, §12.251, which states the definition of adult high school charter school programs; TEC, §25.001, as amended by HB 2757, 89th Texas Legislature, Regular Session, 2025, which states that a school district must allow for a student of a military member of a foreign military force stationed in the United States to establish minimum eligibility age requirements for enrollment; TEC, §25.0344, 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, 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, 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 Senate Bill (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, which states that a parent may request that a student repeat a course for high school credit TEC, §29.081, which states that attendance accounting and FSP funding for Optional Flexible School Day Program (OFSDP) participation may be generated through a remote or hybrid dropout recovery education program; TEC, §29.0822, which enables a school district to provide a program under this section 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. TEC, §29.0822, authorizes the commissioner to adopt rules for the administration of the section; TEC, §30A.153, 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; 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, 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, 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, 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, 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, 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, 89th Texas Legislature, Regular Session, 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, 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 (P-TECH) school under TEC, §29.556; or a campus that is a member of the New Tech Network and that focuses on project-based learning and work-based education; TEC, §48.108, 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 non-resident 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§§5.001, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 7.055(b)(35); 12.251; 25.001, as amended by HB 2757, 89th Texas Legislature, Regular Session, 2025; 25.0344; 25.081; 25.0812; 25.087, as amended by HB 367, 89th Texas Legislature, Regular Session, 2025; 25.0875, as added by Senate Bill (SB) 1049, 89th Texas Legislature, Regular Session, 2025; 28.02124, 29.081; 29.0822; 30A.153; §37.005, as amended by HB 6, 89th Texas Legislature, Regular Session, 2025; 48.004, 48.005, 48.102, 48.103, 48.104, 48.105, as amended by SB 2185, 89th Texas Legislature, Regular Session, 2025; 48.106; 48.108 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 September 29, 2025.

TRD-202503480

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: October 19, 2025

Proposal publication date: June 27, 2025

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

PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 235. CLASSROOM TEACHER CERTIFICATION STANDARDS

The State Board for Educator Certification (SBEC) adopts the repeal of 19 Texas Administrative Code (TAC) §§235.115, 235.117, 235.131, 235.133, and 235.135 and new §§235.115, 235.117, 235.131, 235.135, and 235.137, concerning classroom teacher certification standards. The repeal and new rules are adopted without changes to the proposed text as published in the May 30, 2025 issue of the Texas Register (50 TexReg 3185). The rules will not be republished. The adopted revisions repeal standards in current Subchapters F and G to combine and align language across educator standards in adopted new Subchapter F. The revisions also implement the statutory requirements of House Bill (HB) 2256, 87th Texas Legislature, Regular Session, 2021, and define the educator standards for the Bilingual Special Education certificate, as recommended by the SBEC-approved educator standards advisory committee.

REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 235, Classroom Teacher Certification Standards specify the standards for the classroom teacher class of certificates, including Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards. The SBEC is statutorily authorized to ensure that all candidates for certification or renewal demonstrate the knowledge and skills necessary to improve the performance of Texas's population and required to appoint educator standards advisory committee members to recommend standards for each class of certificate. The educator standards advisory committees include practicing educators, school district personnel, experts, and educator preparation program (EPP) faculty. These individuals collaborate to draft new and review existing educator standards to ensure that the educator standards align with the commissioner's educator standards, reflect best practices, and, where applicable, align with the Texas Essential Knowledge and Skills adopted by the State Board of Education (SBOE).

Adopted New 19 TAC Chapter 235, Subchapter F, and Repeal of Chapter 235, Subchapters F and G:

The adoption reflects the reorganization and combination of educator standard groups into one subchapter and alignment of the language of standard sets across 19 TAC Chapter 235. Adopted new Subchapter F also includes the new classroom teacher certification standards to implement HB 2256, 87th Texas Legislature, Regular Session, 2021.

HB 2256 (2021), Bilingual Special Education Certification Requirements

HB 2256 requires the SBEC to implement a new Bilingual Special Education educator certificate. The intent of the certificate is to ensure that there are teachers with special training in providing instruction to emergent bilingual students with disabilities. HB 2256 specifies that to be eligible for the certificate, a candidate must complete EPP coursework, with skills-based course of instruction on providing instruction to emergent bilingual students with disabilities, including the foundations of bilingual and second language special education; providing individualized education programs for emergent bilingual students with disabilities; providing assessment of emergent bilingual students with and without disabilities; developing teaching methods to recognize the intellectual, developmental, and emotional needs of students in dual language and transitional bilingual education settings; teaching fundamental academic skills, including reading, writing, and mathematics, to students of limited English proficiency; and creating partnerships with families and school professionals.

Additionally, HB 2256 requires that candidates perform satisfactorily on a Bilingual Special Education Certification exam prescribed by SBEC. The proposed Bilingual Special Education standards will serve as the foundation for this exam.

Previous SBEC Action to Implement HB 2256 (2021)

The SBEC has previously taken action to implement HB 2256 across multiple chapters of rules. A summary of previous SBEC action is outlined in the following table.

Figure 1: 19 TAC Chapter 235, Subchapters F and G - Preamble (.pdf)

At a future meeting, the SBEC will consider additional rule updates to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, to further implement HB 2256 and the Bilingual Special Education certificate.

Adopted Repeal of Subchapters F and G and Adopted New Subchapter F, Supplemental and Special Education Certificate Standards

The SBEC adopts the repeal of Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards.

The SBEC adopts new Subchapter F, Supplemental and Special Education Certificate Standards, to combine all content pedagogy standards previously adopted in Subchapters F and G.

The following table provides a high-level summary of the reorganization of educator standards in Chapter 235, Subchapters F and G.

Figure 2: 19 TAC Chapter 235, Subchapters F and G - Preamble (.pdf)

Adopted New 19 TAC §235.115. English as a Second Language Standards

The adopted new 19 TAC §235.115 lists English as a Second Language (ESL) content pedagogy standards for teachers of emergent bilingual students in adopted new Subchapter F, Supplemental and Special Education Certificate Standards.

The adopted new §235.115(a) provides an overview of the ESL content pedagogy standards.

The adopted new §235.115(b) specifies the necessary knowledge and skills related to Foundations of Language Acquisition.

The adopted new §235.115(c) specifies the necessary knowledge and skills related to Linguistically Sustaining Practices.

The adopted new §235.115(d) specifies the necessary knowledge and skills related to Effective Instruction and Assessment Across All Content Areas and Disciplines.

The adopted new §235.115(e) specifies the necessary knowledge and skills related to Language Proficiency Assessment, Program Placement, and Reclassification.

The adopted new §235.115(f) renames the standard group and specifies the necessary knowledge and skills related to Professional Learning, Partnerships, and Student Support.

Adopted New 19 TAC §235.117. Bilingual Spanish Standards

The adopted new 19 TAC §235.117 lists Bilingual Spanish content pedagogy standards for classroom teachers of bilingual education programs (Spanish and English) in adopted new Subchapter F, Supplemental and Special Education Certificate Standards.

The adopted new §235.117(a) provides an overview of the Bilingual Spanish content pedagogy standards.

The adopted new §235.117(b) specifies the necessary knowledge and skills related to Language Abilities.

The adopted new §235.115(c) specifies the necessary knowledge and skills related to Linguistically Sustaining Practices.

The adopted new §235.117(d) specifies the necessary knowledge and skills related to Instructional Practice.

The adopted new §235.117(e) specifies the necessary knowledge and skills related to Development and Assessment of Biliteracy.

The adopted new §235.117(f) specifies the necessary knowledge and skills related to Foundations of Bilingual Education.

Adopted New 19 TAC §235.131. Special Education Standards: Early Childhood-Grade 12

The adopted new 19 TAC §235.131 lists Special Education content pedagogy standards, for teachers of students who receive special education services (Grades EC-12), including grade-band specific standards, in adopted new Subchapter F, Supplemental and Special Education Certificate Standards.

The adopted new §235.131(a) provides an overview of the Special Education Standards: Early Childhood-Grade 6.

The adopted new §235.131(b) specifies the necessary knowledge and skills related to Legal and Ethical Guidelines.

The adopted new §235.131(c) specifies the necessary knowledge and skills related to Understanding and Addressing Each Individual's Developmental and Learning Needs.

The adopted new §235.131(d) specifies the necessary knowledge and skills related to Subject Matter Content and Specialized Curricular Knowledge.

The adopted new §235.131(e) specifies the necessary knowledge and skills related to Assessment for Data-based Decision Making.

The adopted new §235.131(f) specifies the necessary knowledge and skills related to Supporting Learning Using Effective Instruction.

The adopted new §235.131(g) specifies the necessary knowledge and skills related to Supporting Students' Non-academic Growth.

The adopted new §235.131(h) specifies the necessary knowledge and skills related to Professional Learning and Collaboration.

The adopted new §235.131(i) specifies the necessary knowledge and skills related to Elementary Special Education Teachers (Early Childhood-Grade 6).

The adopted new §235.131(j) specifies the necessary knowledge and skills related to Secondary Special Education Teachers (Grades 6-12).

Adopted New 19 TAC §235.135. Deafblind Standards: Early Childhood-Grade 12

The adopted new 19 TAC §235.135 lists Deafblind content pedagogy standards for teachers of students who are Deafblind (Grades 6-12) in adopted new Subchapter F, Supplemental and Special Education Certificate Standards.

The adopted new §235.135(a) provides an overview of the Deafblind Standards: Early Childhood-Grade 12.

The adopted new §235.135(b) specifies the necessary knowledge and skills related to the foundations of Deafblind education.

The adopted new §235.135(c) specifies the necessary knowledge and skills related to Learner Characteristics.

The adopted new §235.135(d) specifies the necessary knowledge and skills related to Evaluation and Assessment.

The adopted new §235.135(e) specifies the necessary knowledge and skills related to Planning for Instruction.

The adopted new §235.135(f) specifies the necessary knowledge and skills related to Learning Environment.

The adopted new §235.135(g) specifies the necessary knowledge and skills related to Instructional Delivery.

The adopted new §235.135(h) specifies the necessary knowledge and skills related to Collaborative Consultation.

The adopted new §235.135(i) specifies the necessary knowledge and skills related to Professional Conduct and Leadership.

The adopted new §235.135(j) specifies the necessary knowledge and skills related to Reflection and Personal Growth.

Adopted New §235.137. Bilingual Special Education Standards: Early Childhood-Grade 12

The adopted new 19 TAC §235.137 lists Bilingual Special Education standards for the new Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate in adopted new Subchapter F, Supplemental and Special Education Certificate Standards. The adopted educator standards emphasize the knowledge and skills necessary to address linguistic and disability-related needs for students with limited English proficiency and establish a solid foundation for bilingual special education students in classroom settings that span Early Childhood-Grade 12.

The adopted new §235.137(a) specifies the purpose and function for the adopted new Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate standards.

The adopted new §235.137(b) specifies knowledge and skills related to Legal and Ethical Guidelines. This group of standards outlines the bilingual special educator's ability to demonstrate understanding and apply knowledge of both special education and emergent bilingual practices and procedures to effectively integrate both areas as they relate to legal and ethical guidelines.

The adopted new §235.137(c) specifies knowledge and skills related to Knowledge of Students and Factors that Influence Learning. This group of standards outlines the bilingual special educator's ability to demonstrate understanding and apply knowledge of the wide variety of individual student characteristics that influence school success and the appropriate instructional and behavioral methodologies.

The adopted new §235.137(d) specifies knowledge and skills related to Language and Literacy Development. This group of standards requires the bilingual special educator to demonstrate understanding and apply knowledge of the components and methodologies related to biliteracy instruction and instructional best practices for students with disability-related needs and limited English proficiency.

The adopted new §235.137(e) specifies knowledge and skills related to Eligibility, Program Placement, and Assessment. This group of standards requires the bilingual special educator to demonstrate understanding and apply knowledge of the appropriate special education and language proficiency-related services, establishing academic goals, analyzing student data, communicating student achievement, and ongoing assessment of student progress.

The adopted new §235.137(f) specifies knowledge and skills related to Content Knowledge and Instructional Practices. This group of standards requires the bilingual special educator to demonstrate understanding and apply knowledge of instructional best practices in all content areas to design, model, and support learning experiences that are appropriate for each dually identified student.

The adopted new §235.137(g) specifies knowledge and skills related to Student Support, Collaboration, and Professional Responsibilities. This group of standards requires the bilingual special educator to demonstrate understanding and apply knowledge of the professional responsibilities of a bilingual special educator, which include effective communication with families and collaboration with other school and community personnel.

SUMMARY OF PUBLIC COMMENTS: The public comment period on the proposal began May 30, 2025, and ended June 30, 2025. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the July 25, 2025 meeting's public comment period in accordance with the SBEC board operating policies and procedures. No public comments were received on the proposal.

The State Board of Education took no action on the review of the repeal of §§235.115, 235.117, 235.131, 235.133, and 235.135 and new §§235.115, 235.117, 235.131, 235.135, and 235.137 at the September 12, 2025 meeting.

SUBCHAPTER F. SUPPLEMENTAL CERTIFICATE STANDARDS

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; 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; and TEC, §21.04891, which requires the SBEC to create a Bilingual Special Education certificate and specifies certification requirements for the certificate.

CROSS REFERENCE TO STATUTE. The repeals implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1), (2), and (4); and 21.04891.

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 September 29, 2025.

TRD-202503486

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: October 19, 2025

Proposal publication date: May 30, 2025

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

STATUTORY AUTHORITY. The new sections 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; 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; and TEC, §21.04891, which requires the SBEC to create a Bilingual Special Education certificate and specifies certification requirements for the certificate.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1), (2), and (4); and 21.04891.

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 September 29, 2025.

TRD-202503488

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: October 19, 2025

Proposal publication date: May 30, 2025

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

SUBCHAPTER G. SPECIAL EDUCATION CERTIFICATE STANDARDS

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; 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; and TEC, §21.04891, which requires the SBEC to create a Bilingual Special Education certificate and specifies certification requirements for the certificate.

CROSS REFERENCE TO STATUTE. The repeals implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1), (2), and (4); and 21.04891.

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 September 29, 2025.

TRD-202503487

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: October 19, 2025

Proposal publication date: May 30, 2025

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