TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER T. WORKFORCE EDUCATION COURSE MANUAL ADVISORY COMMITTEE

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter T, §§1.220, 1.224, and 1.226, concerning the Workforce Education Course Manual Advisory Committee. Specifically, this amendment will revise and clarify the purpose, meeting requirements, and reporting requirements of the committee.

Amendments to this subchapter in 2024 clarified that the committee is required to advise the Coordinating Board and transmit Workforce Education Course Manual (WECM) courses to the Coordinating Board for consideration for approval. This change effectively removed all approval authority from the committee. Now advisory, the committee is no longer subject to the Open Meetings Act. The committee was created to provide advice to the Coordinating Board regarding content, structure, currency, and presentation of the WECM and its courses; coordinate field engagement in processes, maintenance, and use of the WECM; and assist in identifying new courses and courses that are obsolete.

The Coordinating Board is authorized to adopt rules relating to the Workforce Education Course Manual Advisory Committee under Texas Education Code, §130.001 and §61.026.

Rule 1.220(b), Authority and Specific Purposes of the Workforce Education Course Manual Advisory Committee, is amended to assign the WECM Advisory Committee responsibilities to coordinate field engagement and maintenance of the WECM, to identify new courses, and to identify obsolete courses. This amendment will remove the responsibility of the WECM Advisory Committee to identify new or obsolete programs of study, and to identify vertical and horizontal alignments of courses within programs. This amendment is proposed to align this rule with Texas Administrative Code, Chapter 1, Subchapter X, regarding the responsibility of the Program of Study Advisory Committee, to ensure that there is only one committee responsible for programs of study.

Rule 1.224, Meetings, is amended to remove the requirements to conduct meetings that are open to the public, broadcast meetings via the internet, and to post meeting minutes. This amendment aligns with the advisory nature of the committee's responsibilities.

Rule 1.226, Report to the Board; Evaluation of Committee Costs and Effectiveness, is amended to remove the requirement to evaluate costs and report to the Legislative Budget Board. The rule title is also amended to "Report to the Board." This amendment aligns with the advisory nature of the committee's responsibilities.

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

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

Tina Jackson, Assistant Commissioner for Workforce Education, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be clarifying and revising the purpose, meeting requirements, and reporting requirements of the Workforce Education Course Manual Advisory Committee. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The amendment is proposed under Texas Education Code, Section 130.001, which provides the Coordinating Board with the authority to adopt rules and regulations for public junior colleges; and Section 61.026, which grants the Coordinating Board authority to establish advisory committees.

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

§1.220. Authority and Specific Purposes of the Workforce Education Course Manual Advisory Committee.

(a) Authority: The authority for this subchapter is provided in the Texas Education Code, §130.001.

(b) Purposes. The Workforce Education Course Manual (WECM) Advisory Committee is created to provide the Board with advice regarding content, structure, currency and presentation of the Workforce Education Course Manual (WECM) and its courses; coordinating field engagement in processes, maintenance, and use of the WECM; and assistance in identifying new courses and obsolete courses. [, new programs of study, developments within existing programs represented by courses in the manual, vertical and horizontal alignment of courses within programs, and obsolescence of programs of study and courses.]

§1.224. Meetings.

The committee shall meet at least twice yearly. Special meetings may be called as deemed appropriate by the presiding officer. [Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public after they have been prepared by Board staff and reviewed by members of the committee.]

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

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

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503468

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

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

CHAPTER 2. ACADEMIC AND WORKFORCE EDUCATION

SUBCHAPTER A. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 2, Subchapter A, §2.3 and §2.5, concerning General Provisions. Specifically, this amendment will define competency-based baccalaureate degree, and clarify the criteria the Coordinating Board uses to determine whether a proposed degree program has adequate funding for implementation and sufficient labor market need.

House Bill 4848, 89th Texas Legislature, Regular Session, authorizes the Coordinating Board to adopt rules for the approval of competency-based baccalaureate degree programs in fields of study in high demand.

Senate Bill 37, 89th Texas Legislature, Regular Session, adds the consideration of nation labor market needs to the criteria for program approval.

State law requires the Coordinating Board to review new degree programs to ensure institutions have sufficient financing through legislative appropriations, funds allocated by the Coordinating Board, or other sources, and sufficient labor market need for the program. The proposed amendments related to financing identify acceptable revenue streams and clarify that grant funding and legislative appropriations must be in-hand and adequate to fund the program for the first five years of implementation. The proposed amendments related to labor market need clarify that national labor market needs shall be considered during the program approval process.

Rule 2.3, Definitions, is amended to define competency-based baccalaureate degree in alignment with the meaning in Texas Education Code, §56.521.

Rule 2.5, General Criteria for Program Approval, is amended to require institutions proposing a new degree program have grant funding and legislative appropriations available to support the program. The rule also specifies that the board may consider the location where the program is offered in determining the need for a new program. This criterion is implicit in the current rule providing that the board may coordinate to prevent the unnecessary duplication of programs, but this amendment makes explicit that the board may consider location, which is important for off-campus program approval.

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

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

Elizabeth Mayer, Assistant Commissioner Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the implementation of House Bill 4848, 89th Texas Legislature, Regular Session, and the clarification of program approval criteria regarding adequate financing for new degree programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

(5) the rules will create a new rule;

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

(7) the rules will change the number of individuals subject to the rule; and

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

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

The amendments are proposed under Texas Education Code, Section 61.0512, which provides the Coordinating Board with the authority to review each new degree program proposed by an institution of higher education to ensure the program meets approval criteria, including adequate financing. Texas Education Code, Section 51.3535, authorizes the Coordinating Board to adopt rules regarding the approval of competency-based baccalaureates in fields of high demand.

The proposed amendments affect Texas Administrative Code, Chapter 2, Subchapter A.

§ 2.3. Definitions.

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

(1) Academic Associate Degree--A type of degree program generally intended to transfer to an upper-level baccalaureate program that will satisfy the lower-division requirements for a baccalaureate degree in a specific discipline. The Academic Associate Degree includes, but is not limited to, the Associate of Arts (A.A.), Associate of Science (A.S.) or Associate of Arts in Teaching (A.A.T.) degrees.

(2) Academic Course Guide Manual (ACGM)--The manual that provides the official list of approved courses for general academic transfer to public universities offered for funding by public community, state, and technical colleges in Texas.

(3) Academic Program or Programs--A type of credential primarily consisting of course content intended to prepare students for study at the bachelor's degree or higher.

(4) Administrative Unit--A department, college, school, or other unit at an institution of higher education, which has administrative authority over degree or certificate programs.

(5) Applied Associate Degree--A type of degree program designed to lead the individual directly to employment in a specific career. The Applied Associate Degree Program includes, but is not limited to, the Associate of Applied Arts (A.A.A.) or Associate of Applied Science (A.A.S.).

(6) Applied Baccalaureate Degree--Builds on an Associate of Applied Science (A.A.S.) degree, combined with enough additional core curriculum courses and upper-level college courses to meet the minimum semester credit hour requirements for a bachelor's degree. The degree program is designed to grow professional management skills of the learner and meet the demand for leadership of highly technical professionals in the workplace. May be called a Bachelor of Applied Arts and Science (B.A.A.S.), Bachelor of Applied Technology (B.A.T.) or Bachelor of Applied Science (B.A.S.).

(7) Assistant Commissioner--In this subchapter or a subchapter that cross-references to the provisions of this subchapter, Assistant Commissioner means the Assistant, Associate, or Deputy Commissioner designated by the Commissioner.

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

(9) Board Staff--Staff of the Texas Higher Education Coordinating Board who perform the Texas Higher Education Coordinating Board's administrative functions and services.

(10) Career and Technical Education Certificate--A post-secondary credential, other than a degree, which a student earns upon successful completion of a workforce or continuing education program offered by an institution of higher education. Courses that comprise career and technical education certificates are listed in the Workforce Education Course Manual and the Academic Course Guide Manual and are subject to Board approval. For purposes of this chapter, career and technical education certificate means a certificate program as defined in Texas Education Code, §61.003(12)(C).

(11) Career and Technical Education Course--A college-level workforce or continuing education course offered by an institution of higher education which earns either semester credit hours or continuing education units toward satisfaction of a requirement necessary to obtain an industry-recognized credential, certificate, or applied associate degree. Career and technical education courses are listed in the Workforce Education Course Manual.

(12) Certificate Program [ program ]--Certificate means a grouping of subject-matter courses which, when satisfactorily completed by a student, will entitle the student to a certificate or documentary evidence, other than a degree, of completion of a course of study at the postsecondary level. Under this chapter, certificate includes a post-baccalaureate certificate and excludes an associate degree unless otherwise provided.

(13) CIP Codes--See "Texas Classification of Instructional Programs (CIP) Coding System."

(14) Commissioner--The Texas Commissioner of Higher Education.

(16) [ (15) ] Contact Hour [ hour ]--A time unit of instruction used by community, technical, and state colleges consisting of 60 minutes, of which 50 minutes must be direct instruction.

(17) [ (16) ] Continuing Education Unit (CEU)--Basic unit for continuing education courses. One continuing education unit (CEU) is 10 contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction.

(18) [ (17) ] Credential--A grouping of subject matter courses or demonstrated mastery of specified content which entitles a student to documentary evidence of completion. This term encompasses certificate programs, degree programs, and other kinds of formal recognitions such as short-term workforce credentials or a combination thereof.

(19) [ (18) ] Degree Program--Any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle that student to an associate's, bachelor's, master's, research doctoral, or professional practice doctoral degree.

(20) [ (19) ] Degree Title--Name of the degree and discipline under which one or more degree programs may be offered. A degree title usually consists of the degree designation (e.g., Bachelor of Science, Master of Arts) and the discipline specialty (e.g., History, Psychology).

(21) [ (20) ] Embedded Credential--A course of study enabling a student to earn a credential that is wholly embedded within a degree program.

(22) [ (21) ] Field of Study Curriculum--A set of courses that will satisfy lower-division requirements for an academic major at a general academic teaching institution, as defined in §4.23(10) [ chapter 4, subchapter B, §4.23(7) ] of this title (relating to Definitions).

(23) [ (22) ] Higher Education Regions--The Board adopts the economic regions of this state as defined by the Texas Comptroller of Public Accounts as the higher education state uniform service regions.

(24) [ (23) ] Master's Degree--The first graduate level degree, intermediate between a Baccalaureate degree program and Doctoral degree program.

(25) [ (24) ] New Content--As determined by the institution, content that the institution does not currently offer at the same instructional level as the proposed program. A program with sufficient new content to constitute a 'significant departure' from existing offerings under 34 CFR §602.22(a)(1)(ii)(C) meets the fifty percent [ 50% ] new content threshold.

(26) [ (25) ] Pilot Institution--Public junior colleges initially authorized to offer baccalaureate degrees through the pilot initiative established by SB 286 (78R - 2003). Specifically, the four pilot institutions are Midland College, South Texas College, Brazosport College, and Tyler Junior College.

(27) [ (26) ] Planning Notification--Formal notification that an institution intends to develop a plan and submit a degree program proposal or otherwise notify the Board of intent to offer a new degree program.

(28) [ (27) ] Professional Practice Doctoral Degree--Certain degree programs that prepare students for a career as a practitioner in a particular profession, including certain credential types that are required for professional licensure.

(29) [ (28) ] Program Inventory--The official list of all degree and certificate programs offered by a public community college, university, or health-related institution, as maintained by Board Staff.

(30) [ (29) ] Public Health-Related Institution--Public health-related institutions that are supported by state funds.

(31) [ (30) ] Public Junior College--A public institution of higher education as defined in Texas Education Code, [ Tex. Educ. Code ] §61.003(2).

(32) [ (31) ] Public Two-year College--Any public junior college, public community college, public technical institute, or public state college as defined in Texas Education Code, [ Tex. Educ. Code ] §61.003(16).

(33) [ (32) ] Public University--A general academic teaching institution as defined by Texas Education Code, [ Tex. Educ. Code ] §61.003(3).

(34) [ (33) ] Research Doctoral Degree--An academic degree that typically represents the highest level of formal study or research in a given field and requires completion of original research.

(35) [ (34) ] Semester Credit Hour, or Credit Hour--A unit of measure of instruction consisting of 60 minutes, of which 50 minutes must be direct instruction, which is typically offered over a 15-week period in a semester system or a 10-week period in a quarter system.

(36) [ (35) ] Texas Classification of Instructional Programs (CIP) Coding System--The Texas adaptation of the federal Classification of Instructional Programs taxonomy developed by the National Center for Education Statistics and used nationally to classify instructional programs and report educational data. The 8-digit CIP codes define the authorized teaching field of the specified program, based upon the occupation(s) for which the program is designed to prepare its graduates.

(37) [ (36) ] Texas Core Curriculum--Curriculum required at each institution of higher education students are required to complete as required by §4.23(5) of this title (relating to Definitions) [ 19 TAC §4.23(3) ].

(38) [ (37) ] Texas Success Initiative (TSI)--A comprehensive program of assessment, advising, developmental education, and other strategies to ensure college readiness. The rules governing the Texas Success Initiative are established in chapter 4, subchapter C, of this title (relating to Texas Success Initiative) [ Chapter 4, Subchapter C. ].

(39) [ (38) ] Tracks of Study--Specialized areas of study within a single degree program.

(40) [ (39) ] Transcriptable Minor--A transcriptable minor is a group of courses around a specific subject matter marked on the student's transcript. The student must declare a minor for the minor to be included on the student's transcript. The student cannot declare a minor without also being enrolled in a major course of study as part of a baccalaureate degree program.

(41) [ (40) ] Workforce Education Course Manual (WECM)--An online database composed of the Board's official statewide inventory of career technical/workforce education courses available for two-year public colleges to use in certificate and associate degree programs.

§ 2.5. General Criteria for Program Approval.

(a) In addition to any criteria specified in statute or this chapter for a specific program approval, the Assistant Commissioner, Commissioner, or Board, as applicable, shall consider the following factors:

(1) Evidence that the program is needed by the national , state and the local community, as demonstrated by student demand for similar programs, labor market information, the location where the program is offered, and value of the credential;

(2) Whether the program unnecessarily duplicates programs offered by other institutions of higher education or private or independent institutions of higher education, as demonstrated by capacity of existing programs and need for additional graduates in the field;

(3) Comments provided to the Board from institutions noticed under §2.7 of this subchapter (relating to Informal Notice and Comment on Proposed Local Programs) ;

(4) Whether the program has adequate financing from formula funding, tuition and fees, awarded grant funds, or redistributed revenue streams to become financially self-sufficient within five years. Appropriations by the legislature to support a new degree program must be available to the institution before submitting the proposal [ legislative appropriation, funds allocated by the Board, or funds from other sources ];

(5) Whether the program's cost is reasonable and provides a value to students and the state when considering the cost of tuition, source(s) of funding, availability of other similar programs, and the earnings of students or graduates of similar credential programs in the state to ensure the efficient and effective use of higher education resources;

(6) Whether the program provides a credential of value as defined in Texas Education Code 130A.102, of this title (relating to Community College Finance Program: Base and Performance Tier Methodology) [ chapter 13, subchapter S, of Board Rules ];

(7) Whether and how the program aligns with the metrics and objectives of the Board's Long-Range Master Plan for Higher Education;

(8) Whether the program has necessary faculty and other resources including support staff to ensure student success;

(9) Whether the program meets academic standards specified by law or prescribed by Board rule or skill standards recognized by the Texas Workforce Investment Council, if they exist for the discipline; and

(10) Past compliance history and program quality of the same or similar programs, where applicable.

(b) In the event of conflict between this rule and a more specific rule regarding program approval, the more specific rule shall control.

(c) A request for approval of a joint degree program that does not include existing degree programs is considered a new degree program and is subject to new degree program approval requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503471

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6182

SUBCHAPTER Q. REQUIREMENTS FOR STUDY ABROAD FOREIGN LANGUAGE CREDIT

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 2, Subchapter Q, §§2.410 - 2.413, concerning Requirements for Study Abroad Foreign Language Credit. Specifically, these new sections will establish guidelines for how enrolled students may earn foreign language credit during a study abroad experience as required by Senate Bill 2431, 89th Texas Legislature, Regular Session.

The new rules are proposed under Texas Education Code, §51.313, which requires the Coordinating Board to adopt rules related to the awarding of foreign language credit for students enrolled in baccalaureate degree programs that include a study abroad component or program.

Section 2.410, Authority, outlines the statutory authority for the Coordinating Board to adopt rules.

Section 2.411, Applicability, outlines degree programs to which the rules apply.

Section 2.412, Student Option to Earn Foreign Language Credit, outlines requirements for institutions to offer foreign language credit to students enrolled in certain study abroad programs.

Section 2.413, Institutional Responsibilities, outlines the institutional responsibilities for implementation of the rules.

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

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be providing consistent guidelines for how enrolled students may earn foreign language credit during a study abroad experience. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

(5) the rules will create a new rule;

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

(7) the rules will change the number of individuals subject to the rule; and

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

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

The new sections are proposed under Texas Education Code, Section 51.313, which provides the Coordinating Board with authority to adopt rules related to the awarding of foreign language credit for students enrolled in baccalaureate degree programs that include a study abroad component or program.

The proposed new sections affect Texas Education Code, Section 51.313.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503472

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6182

CHAPTER 3. RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY

SUBCHAPTER B. VACCINATION AGAINST BACTERIAL MENINGITIS FOR ENTERING STUDENTS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 3, Subchapter B, §§3.40 - 3.43, concerning Vaccination Against Bacterial Meningitis for Entering Students. Specifically, this new section will reconstitute current Chapter 21, Subchapter T, with no substantive changes. Chapter 3 is retitled to reflect its expanded purpose.

The Coordinating Board is authorized by Texas Education Code, §51.9192, to adopt rules relating to the bacterial meningitis vaccination requirement.

Chapter 3 title is amended to revise the name to more accurately reflect the rules in this section of administrative code.

Rule 3.40, Authority and Purpose, states the statutory authority for the subchapter and the purpose of the rules. It is the reconstituted §21.610 and §21.611, combined to conform to common formatting of Coordinating Board rules but without substantive changes.

Rule 3.41, Definitions, provides definitions for terms and phrases used throughout the subchapter. It is the reconstituted §61.612, with no substantive changes.

Rule 3.42, Immunization Requirement, specifies the requirement, subject to exceptions, that students entering public and private institutions of higher education show evidence of receipt of a bacterial meningitis vaccination dose or booster. It is the reconstituted §21.613.

Rule 3.43, Exceptions, lists the allowable exceptions to the requirement in §3.42. It is the reconstituted §21.614.

Dr. Charles W. Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity by relocating the existing rule to a more appropriate location. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The new section is proposed under Texas Education Code, Section 51.9192, which provides the Coordinating Board with the authority to adopt rules relating to the bacterial meningitis vaccination requirement.

The proposed new section affects Texas Administrative Code, Title 19, Part 1, Chapter 3.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503473

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

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

SUBCHAPTER B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter B, §4.40, concerning Transfer Liaison Requirements and Duties. Specifically, this new section will outline expectations and requirements for individuals designated as a Transfer Liaison at an institution of higher education as required by Senate Bill 3039, 89th Texas Legislature, Regular Session.

The new rules are proposed under Texas Education Code, §61.8231, which requires the Coordinating Board to adopt rules related to the designation of a transfer liaison.

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

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

There is no anticipated impact on local employment.

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the new rules will be ensuring institutions of higher education designate and make available to the public and the Coordinating Board specific contact information for potential or current students regarding the transfer of credit between institutions. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

(5) the rules will create a new rule;

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

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

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

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

The new section is proposed under Texas Education Code, Section 61.8231, which provides the Coordinating Board with authority to adopt rules related to the designation of a Transfer Liaison.

The proposed new section affects Texas Education Code, Chapter 61, Subchapter S, and Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter B.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503475

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6182

SUBCHAPTER J. ACCREDITATION

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter J, §4.193, concerning Accreditation Status Notification Requirements. Specifically, this new section will require an institution to notify the Coordinating Board of changes in its accreditation status.

Texas Education Code, §61.051 and §61.003(13), provides the Coordinating Board with authority to coordinate higher education and designate recognized accreditation organizations. Texas Administrative Code, §2.5(a)(10), requires the Coordinating Board to consider past compliance history in the evaluation of new degree program proposals.

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

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

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be increased transparency for Texas students, families, and the Coordinating Board regarding an institution's accreditation status. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The new section is proposed under Texas Education Code, Sections 61.051 and 61.003(13), which provides the Coordinating Board with authority to coordinate higher education and designate recognized accreditation organizations.

The proposed new section affects Texas Education Code, Sections 61.051 and 61.003(13).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503476

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6182

SUBCHAPTER AA. TEXAS FIRST EARLY HIGH SCHOOL COMPLETION PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter AA, §§4.400 - 4.405, concerning the Texas First Early High School Completion Program. Specifically, this new section will reconstitute the current Chapter 21, Subchapter D, with no substantive changes except to exclude provisions in §4.404 (relating to Notice to Students) that refer to required actions in the 2022 - 2023 school year.

The Coordinating Board is authorized by Texas Education Code (TEC), §28.0253, to adopt rules relating to the Texas First Early High School Completion Program.

Rule 4.400, Authority and Purpose, confirms the authority and purpose of the Program, as provided in TEC, §28.0253(b)(c).

Rule 4.401, Definitions, provides definitions for the Program, as included in TEC, §28.0253(a).

Rule 4.402, Eligibility for Texas First Diploma, provides the minimum criteria by which students demonstrate eligibility for the Program, including high school credits, minimum Grade Point Average, and achieving an overall minimum score on one of five assessments or achieving a Grade Point Average that ranks the student in the top ten percent of the student's class. Institutions and the Commissioner of Higher Education jointly developed and recommended these cut points as those that distinguish students who are college ready and prepared for post-secondary success. Allowing a student to meet the requirement based on class rank or assessment scores provides for a more holistic view of readiness.

Rule 4.402 also provides the assessments and related standards and competencies that demonstrate a student's mastery of each subject area for which the Coordinating Board and Commissioner of Higher Education have adopted college readiness standards, plus a language other than English, as required in TEC, §28.0253(c). It provides a process by which a student verifies eligibility for the Program and codification on the student's transcript. These standards align to scores established by the Coordinating Board to define college readiness and provide for the use of assessments and scores commonly used by institutions to place students in college-level course work.

Rule 4.403, Diploma Equivalency, verifies that the diploma awarded through this program is equivalent to the distinguished level of achievement, as required in TEC, §28.0253(f).

Rule 4.404, Notice to Students, provides a notification requirement by the high school to its students and their parents or guardians listing the eligibility requirements for the Program, including the requirement for the student to provide official copies of applicable assessments to receive credit, as required in TEC, §28.0253(g). Provisions related specifically to the 2022 - 2023 school year have been removed.

Rule 4.405, Satisfaction of Other Requirements, confirms that students who meet all the Program requirements according to §21.52 (relating to Eligibility for Texas First Diploma) have met the requirements of the Texas Success Initiative according to TEC, Chapter 51, and the initial eligibility requirements of the Toward EXcellence, Access, and Success (TEXAS) Grant program, as authorized under TEC, §56.3041.

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

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

Daniel Perez, Assistant Deputy Commissioner for Academic and Workforce Initiatives, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity by relocating the existing rule to a more appropriate location. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The new section is proposed under Texas Education Code, Section 28.0253, which provides the Coordinating Board with the authority to adopt rules relating to the Texas First Early High School Completion Program.

The proposed new section affects Texas Administrative Code, Title 19, Part 1, Chapter 4.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503474

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

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

CHAPTER 6. HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS

SUBCHAPTER C. TOBACCO LAWSUIT SETTLEMENT FUNDS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 6, Subchapter C, §6.73, concerning the Nursing, Allied Health and Other Health-Related Education Grant Program. Specifically, this repeal will improve organization and consistency for Coordinating Board grant program rules overall, and improve rules for the application, review, and awarding of funds for the Nursing, Allied Health and Other Health-Related Education Grant Program. New rules for this grant program were adopted by the Coordinating Board in October 2024 and are found in Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter K, §§10.230 - 10.238.

The repeal is proposed under Texas Education Code, §63.201 - 63.203, which provides the Coordinating Board with the authority to administer the Nursing, Allied Health and Other Health-Related Education Grant Program.

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

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

There is no anticipated impact on local employment.

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved organization and consistency for Coordinating Board grant program rules overall, and improved rules for the application, review, and awarding of funds from the Nursing, Allied Health and Other Health-Related Education Grant Program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 63.201 - 63.203, which provides the Coordinating Board with the authority to administer the Nursing, Allied Health and Other Health-Related Education Grant Program.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 6, Subchapter C.

§6.73. Nursing, Allied Health and Other Health-Related Education Grant Program.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503477

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6182

CHAPTER 13. FINANCIAL PLANNING

SUBCHAPTER G. TUITION AND FEES

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter G, §13.129, concerning Refund of Tuition and Mandatory Fees at Public Junior Colleges, State Colleges, and Technical Institute. Specifically, this new section will provide for the minimum schedule of tuition refunds to be made by public junior colleges, state colleges, and technical institutions to students depending on the length of the academic term and the class day on which the student withdraws from the course. The Coordinating Board is authorized by Texas Education Code, §130.009, to adopt rules relating to the uniform dates for adding or dropping a course.

Rule 13.129, Refund of Tuition and Fees at Public Junior Colleges, State Colleges, and Technical Institute, is created. It is the reconstituted §21.5, with several notable changes.

Subsection (a) provides the statutory authority for the section. Subsection (b) relates to the tuition and mandatory fee refund schedule used by junior colleges, state colleges, and technical institutions when students drop courses or withdraw. It is the reconstituted §21.5(a), with notable changes. First, the refund schedule is presented entirely in the Figure, to simplify the rule. Second, Subsection (b)(1) specifies that the rule definition for "class day" in §13.1, applies in the implementation of the subsection. Finally, the authorization of a matriculation fee is not included, as it is topically outside the scope of the rule.

Subsection (c) provides for the managing of refunds or additional charges when a student adds or drops courses before the census date. It is the reconstituted §21.5(c).

Subsection (d) provides for refunds in the situation in which tuition and mandatory fees were paid by a sponsor, donor, or scholarship through the institution. It is the reconstituted §21.5(e).

Subsection (e) provides for circumstances in which a student withdraws due to active duty military service. It is the reconstituted §21.5(g).

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

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

Dr. Charles W. Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity by relocating an existing rule to a more appropriate location. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The new section is proposed under Texas Education Code, Section 130.009, which provides the Coordinating Board with the authority to adopt rules relating to the uniform dates for adding or dropping a course.

The proposed new section affects Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter G.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503478

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

CHAPTER 21. STUDENT SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter A, §21.5, concerning Refund of Tuition and Fees at Public Community/Junior and Technical Colleges. Specifically, this repeal will allow for the rule to be relocated to Chapter 13, Subchapter G, relating to Tuition and Fees.

The Coordinating Board is authorized by Texas Education Code, §130.009, to adopt rules relating to uniform dates for adding or dropping courses.

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

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

Dr. Charles W. Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity by relocating an existing rule to a more appropriate location. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 130.009, which provides the Coordinating Board with the authority to adopt rules relating to uniform dates for adding or dropping courses.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter A.

§21.5. Refund of Tuition and Fees at Public Community/Junior and Technical Colleges.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503479

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

SUBCHAPTER D. TEXAS FIRST EARLY HIGH SCHOOL COMPLETION PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter D, §§21.50 - 21.55, concerning Texas First Early High School Completion Program. Specifically, this repeal will allow for the relocation of these rules to Chapter 4, Subchapter AA.

The Coordinating Board is authorized by Texas Education Code, §28.0253, to adopt rules relating to the Texas First Early High School Completion Program.

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

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

Daniel Pérez, Assistant Deputy Commissioner for Academic and Workforce Initiatives, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity through relocation of the rule to a more appropriate and accessible location. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 28.0253, which provides the Coordinating Board with the authority to adopt rules relating to the Texas First Early High School Completion Program.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter D.

§21.50. Authority and Purpose.

§21.51. Definitions.

§21.52. Eligibility for Texas First Diploma.

§21.53. Diploma Equivalency.

§21.54. Notice to Students.

§21.55. Satisfaction of Other Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503451

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

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

SUBCHAPTER H. INDIVIDUAL DEVELOPMENT ACCOUNT INFORMATION PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter H, §§21.191 - 21.193, concerning Individual Development Account Information Program. Specifically, this repeal will eliminate these rules, which were determined to be unnecessary during the Coordinating Board's four-year rule review of the subchapter.

The Coordinating Board is authorized by Texas Education Code, §61.0817, to adopt rules relating to the Individual Development Account Information Program.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the elimination of unnecessary rules. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 61.0817, which provides the Coordinating Board with the authority to adopt rules relating to the Individual Development Account Information Program.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter H.

§21.191. Authority and Purpose.

§21.192. Definitions.

§21.193. Reporting Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503452

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

SUBCHAPTER T. THE VACCINATION AGAINST BACTERIAL MENINGITIS FOR ENTERING STUDENTS AT PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter T, §§21.610 - 21.614, concerning The Vaccination Against Bacterial Meningitis for Entering Students at Public and Private or Independent Institutions of Higher Education. Specifically, this repeal will allow for the relocation of the rule to Chapter 3, Subchapter B.

The Coordinating Board is authorized by Texas Education Code, §51.9192, to adopt rules relating to the vaccination requirement against bacterial meningitis for certain students.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity through relocation of an existing rule to a more appropriate location. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The repeal is proposed under Texas Education Code, Section 51.9192, which provides the Coordinating Board with the authority to adopt rules relating to the vaccination requirement against bacterial meningitis for certain students.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter T.

§21.610. Purpose.

§21.611. Authority.

§21.612. Definitions.

§21.613. Immunization Requirement.

§21.614. Exceptions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503453

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter A, §22.1, §22.2, and §22.7, concerning General Provisions. Specifically, this amendment will update rule definitions and provisions to align with changes in federal law and other Coordinating Board rules.

The Coordinating Board is authorized by Texas Education Code, §56.0035, to adopt rules necessary to carry out the purposes of that chapter.

Rule 22.1, Definitions, is amended to add a definition for "Federal Pell Grant Student Aid Index Cap or Federal Pell Grant Eligibility Cap" and update a citation in the definition of "Resident of Texas." The term "Federal Pell Grant Student Aid Index Cap or Federal Pell Grant Eligibility Cap," which appears in multiple locations throughout Chapter 22, is defined as the maximum Pell Grant award in a given fiscal year, codifying current practice. This definition does not reflect a change in Coordinating Board administration of financial aid programs. The definition of "Resident of Texas" is updated by changing the rule citation, reflecting recent rule changes adopted by the Coordinating Board.

Rule 22.2, Timely Distribution of Funds, is amended to clarify that the rule also applies to funds disbursed through financial aid programs located in Chapter 24 (relating to Student Loan Programs), reflecting recent rule changes adopted by the Coordinating Board, and to amend the timely disbursement provision in subsection (a)(1) to refer to calendar days, rather than business days. This change aligns the timely disbursement timeline with other timely disbursement provisions in the section.

Rule 22.7, Financial Aid Uses, is amended to clarify that the rule also applies to funds disbursed through financial aid programs located in Chapter 24 (relating to Student Loan Programs), reflecting recent rule changes adopted by the Coordinating Board.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity and alignment with other Coordinating Board rules. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The amendment is proposed under Texas Education Code, Section 56.0035, which provides the Coordinating Board with the authority to adopt rules to adopt rules necessary to carry out the purposes of that chapter.

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

§22.1. Definitions.

The following words and terms, when used in chapter 22, shall have the following meanings, unless otherwise defined in a particular subchapter:

(1) Academic Year--The combination of semesters defined by a public or private institution of higher education to fulfill the federal "academic year" requirement as defined by 34 CFR 668.3.

(2) Attempted Semester Credit Hours--Every course in every semester for which a student has been registered as of the official Census Date, including but not limited to, repeated courses and courses the student drops and from which the student withdraws. For transfer students, transfer hours and hours for optional internship and cooperative education courses are included if they are accepted by the receiving institution towards the student's current program of study.

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

(4) Categorical Aid--Gift aid that the institution does not award to the student, but that the student brings to the school from a non-governmental third party.

(5) Commissioner--The Texas Commissioner of Higher Education.

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

(7) Cost of Attendance/Total Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, personal expenses, and other allowable costs for financial aid purposes).

(8) Credit--College credit earned through the successful completion of a college career and technical education or academic course that fulfills specific requirements necessary to obtain an industry-recognized credential, certificate, associate degree, or other academic degree.

(9) Degree or Certificate Program of Four Years or Less--A baccalaureate degree, associate degree, or certificate program other than a program determined by the Coordinating Board to require four years or more to complete.

(10) Degree or Certificate Program of More Than Four Years--A baccalaureate degree or certificate program determined by the Coordinating Board to require more than four years to complete.

(11) Encumber--Program funds that have been officially requested by an institution through procedures developed by the Coordinating Board.

(12) Equivalent of a Semester Credit Hour--A unit of measurement for a continuing education course, determined as a ratio of one continuing education unit to ten contact hours of instruction, which may be expressed as a decimal. For the purpose of conversion, 1.6 continuing education units of instruction equals one semester credit hour of instruction. In a continuing education course, not fewer than sixteen contact hours are equivalent to one semester credit hour.

(13) Expected Family Contribution (EFC)--A student's Student Aid Index, as the term is defined in this section.

(15) [ (14) ] Financial Need--The Cost of Attendance at a particular institution of higher education or private or independent institution of higher education less the Student Aid Index as those terms are defined in this section.

(16) [ (15) ] Forecast--The FORECAST function in Microsoft Excel, or a comparable forecasting function.

(17) [ (16) ] Full-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of twelve or more semester credit hours per semester. For graduate students, enrollment or expected enrollment for the normal full-time course load of the student's program of study as defined by the institution.

(18) [ (17) ] General Academic Teaching Institution--As defined in Texas Education Code, §61.003.

(19) [ (18) ] Gift Aid--Grants, scholarships, exemptions, waivers, and other financial aid provided to a student without a requirement to repay the funding or earn the funding through work.

(20) [ (19) ] Graduate Student--A student who has been awarded a baccalaureate degree and is enrolled in coursework leading to a graduate or professional degree.

(21) [ (20) ] Half-Time--For undergraduates, enrollment or expected enrollment for the equivalent of at least six but fewer than nine semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 50 percent of the normal full-time course load of the student's program of study as defined by the institution.

(22) [ (21) ] Institution of Higher Education--As defined by Texas Education Code, §61.003.

(23) [ (22) ] Medical or Dental Unit--As defined by Texas Education Code, §61.003.

(24) [ (23) ] Period of Enrollment--The semester or semesters within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all eligibility requirements for financial assistance offered under this chapter.

(25) [ (24) ] Private or Independent Institution of Higher Education--As defined by Texas Education Code, §61.003.

(26) [ (25) ] Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Coordinating Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the determination of student eligibility, selection of recipients, maintenance of all records, and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the institution's chief executive officer, the director of student financial aid shall serve as Program Officer.

(27) [ (26) ] Public Junior College--As defined by Texas Education Code, §61.003.

(28) [ (27) ] Public State College--As defined by Texas Education Code, §61.003.

(29) [ (28) ] Public Technical Institute- - As defined by Texas Education Code, §61.003.

(30) [ (29) ] Resident of Texas--A resident of the State of Texas as determined in accordance with chapter 13 [ 21 ], subchapter K [ B ], of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(31) [ (30) ] Semester--A payment period, as defined by 34 CFR 668.4(a) or 34 CFR 668.4(b)(1).

(32) [ (31) ] Semester Credit Hour--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with Federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.

(33) [ (32) ] Student Aid Index (SAI)--A measure utilized to calculate a student's financial need as regulated and defined by the methodology used for federal student financial aid.

(34) [ (33) ] Three-Quarter-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of at least nine but fewer than twelve semester credit hours per semester. For graduate students, enrollment or expected enrollment for the equivalent of 75 percent of the normal full-time course load of the student's program of study as defined by the institution.

(35) [ (34) ] Undergraduate Student--An individual who has not yet received a baccalaureate degree.

§22.2. Timely Distribution of Funds.

(a) All institutions participating in the financial aid programs outlined in chapter 22 and chapter 24 of this title (relating to Student Loan Programs), unless otherwise specified, shall follow the guidelines for the timely distribution of funds, as outlined in this section:

(1) Timely Disbursement. Institutions shall disburse state student financial aid funding to a student recipient's account or, in the case of work-study, through a paycheck, no later than three business days after receiving the funds. Institutions must return undisbursed [ Undisbursed ] funds [ must be returned ] to the Coordinating Board no later than ten calendar [ six business ] days after the receipt of funds. Institutions [ Gift aid and work-study funds for which a student is no longer eligible ] may disburse gift aid and work-study funds for which a student is no longer eligible [ be disbursed ] to a different eligible student for whom funds have not yet been requested in order to meet the timely disbursement requirement.

(2) Timely Determination of Ineligibility. For state student financial aid funding already disbursed to a student, except work study, institutions shall return funds to the Coordinating Board within forty-five calendar days of a student becoming ineligible for the funding. Gift aid funds for which a student has been determined ineligible may be disbursed to a different eligible student for whom funds have not yet been requested in order to meet the timely determination of ineligibility requirement. In all cases, an institution must provide notification to the Coordinating Board regarding the change in student eligibility, as appropriate for the particular student financial aid program.

(3) Timely Cancellation. For state student financial aid funds already disbursed to a student, except work-study, institutions may return funds to the Coordinating Board within 120 calendar days of disbursement in situations where a student has notified the institution of his or her decision to cancel the financial aid. Gift aid funds for which a student has made the decision to cancel may be disbursed to a different eligible student for whom funds have not yet been requested in order to meet the timely cancellation requirement. In all cases, an institution must provide notification to the Coordinating Board regarding the student's decision to cancel financial aid, as appropriate for the particular student financial aid program.

(b) Re-offering of funds. Funds made available from financial aid adjustments, as detailed in §22.8 of this subchapter (relating to Financial Aid Adjustments) are subject to the requirements of timely determination of ineligibility in subsection (a)(2) of this section.

(c) Late Disbursements of Gift Aid.

(1) A student may receive a gift aid disbursement after the end of his/her period of enrollment if the student:

(A) Owes funds to the institution for the period of enrollment for which the grant is being made; or

(B) Received a student loan that is still outstanding for the period of enrollment.

(2) Funds that are disbursed after the end of the student's period of enrollment must be used to either pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding student loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

(3) The institution shall retain documentation proving the late-disbursed funds were used to make a payment against an outstanding balance at the institution from the relevant period of enrollment and/or to make a payment against an outstanding loan taken out for the period of enrollment.

(4) Unless granted an extension by the Coordinating Board, late disbursements must be processed prior to the end of the state fiscal year for which the funds were allocated to the institution.

§22.7. Financial Aid Uses.

Neither an institution nor a student may use financial assistance offered through programs in chapter 22 or chapter 24 of this title (relating to Student Loan Programs) [ this chapter ] for any purpose other than paying for any usual and customary cost of attendance incurred by the student related to enrollment at a participating institution of higher education for the academic year for which funding was offered.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503454

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

SUBCHAPTER M. TEXAS EDUCATIONAL OPPORTUNITY GRANT PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter M, §§22.255, 22.260, 22.261, and §22.264, concerning the Texas Educational Opportunity Grant Program. Specifically, this amendment will modify rules relating to eligible institutions, grant priorities, grant amounts, and allocation of funds to ensure alignment with statutory changes made by House Bill (HB) 3204, 89th Texas Legislature, Regular Session., which became effective September 1, 2025, as well as Riders 25 and 26 in the Coordinating Board's bill pattern of the General Appropriations Act, Senate Bill (SB) 1, 89th Texas Legislature, Regular Session.

The Coordinating Board is authorized by Texas Education Code, §56.403, to adopt rules relating to the Program.

Rule 22.255, Eligible Institutions, is amended to include the Polytechnic College at Sam Houston State University as an eligible institution for the Program, as directed by the provisions of HB 3204, 89th Texas Legislature, Regular Session.

Rule 22.260, Priorities in Grants to Students, is amended to accomplish the directives of Riders 25 and 26 of the General Appropriations Act, which direct the Coordinating Board to "coordinate with eligible institutions to distribute funds…to those institutions in a manner that ensures that each eligible student who graduates in the top 25 percent of the student's high school graduating class receives an initial grant for the 2026-2027 academic year." After consulting with eligible institutions, the Coordinating Board determined that appropriated funding for the Program is sufficient to accomplish the intent of the riders without modifying the allocation methodology. Accordingly, Subsection (b) is added to the rule to include a student graduating in the top 25 percent of his/her graduating class as an awarding priority. The specific phrasing of the subsection aligns with the provisions of Texas Education Code, §51.803, Automatic Admission: All Institutions. Subsection (e) is added to specify that institutions shall ensure eligible students meeting the top 25 percent standard and who have a Student Aid Index below 60 percent of the statewide average of tuition and fees at general academic teaching institutions receive an initial grant, thus clarifying how institutions may consider the various awarding priorities and maintain compliance with Riders 25 and 26.

Rule 22.261, Grant Amounts, is amended to specify how the Polytechnic College at Sam Houston State University is to be considered for programmatic purposes. As a college within a general academic teaching institution, which are not generally eligible to participate in the Program, the Polytechnic College does not meet any of the definitions for public junior college, public state college, or public technical institution upon which the rule relies. In reviewing the programmatic offering, tuition rates, and other factors, the Coordinating Board determined that the Polytechnic College most closely resembles public technical institutions. Subsection (a)(2) is amended to reflect this determination for the purposes of setting the maximum grant for students of the institution. Subsection (d) is updated with a more specific reference to rules in the chapter's General Provisions.

Rule 22.264, Allocation of Funds - Public Technical and State Colleges, is amended to include references to the Polytechnic College at Sam Houston State University, which will again be treated as a public technical institution for this purpose.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the alignment with statutory and appropriations requirements. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The amendment is proposed under Texas Education Code, Section 56.403, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

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

§ 22.255. Eligible Institutions.

(a) Eligibility.

(1) Any public junior college, public technical institute, and public state college, as defined in §22.1 of this chapter (relating to Definitions), or the Polytechnic College at Sam Houston State University , is eligible to participate in the Program.

(2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the Program described in this subchapter.

(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-352) in avoiding discrimination in admissions or employment.

(b) Approval.

(1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to being approved to participate in the Program.

(2) Approval Deadline. An institution must indicate an intent to participate in the Program by June 1 and enter into an agreement with the Coordinating Board by August 31 in order for qualified students enrolled in that institution to be eligible to receive grants in the following biennium.

(c) Responsibilities. Participating institutions are required to abide by the General Provisions outlined in subchapter A of this chapter.

§ 22.260. Priorities in Grants to Students.

(a) If funds available for the Program are insufficient to allow grants to all eligible students, continuation grants will be given priority.

(c) [ (b) ] In determining who should receive an initial year grant, an institution shall give priority to those students who have a Student Aid Index that does not exceed 60 percent of the average statewide amount of tuition and fees for general academic teaching institutions for the relevant academic year.

(d) [ (c) ] In determining who should receive an initial year grant, an institution shall give highest priority to students who demonstrate the greatest financial need at the time the grant is made.

§ 22.261. Grant Amounts.

(a) Grant Amounts.

(1) The Coordinating Board shall determine and announce the maximum grant amount in a given state fiscal year by January 31 of the prior fiscal year. The calculation of the maximum grant amount for a semester will be based on the average statewide amount of tuition and required fees at eligible institutions that a resident student enrolled full-time in an associate degree or certificate program measured in semester credit hours would be charged for that semester (Texas Education Code, §56.407).

(2) In the Coordinating Board's determination of the maximum grant amount, the average amount of tuition and required fees is determined by institution type (public junior colleges, public state colleges, and public technical institutes), utilizing the most recent Integrated Fiscal Reporting System reports to project the value. The Polytechnic College at Sam Houston State University is considered a public technical institute for this purpose.

(b) The amount of a grant offered by the institution may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid received exceeds the student's cost of attendance. However, no student's grant shall be greater than the amount of the student's financial need.

(c) A participating [ An approved ] institution may not charge a person receiving a grant through that institution an amount of tuition and required fees in excess of the grant received by the person. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a grant. If an institution's tuition and fee charges exceed the grant, it may address the shortfall in one of two ways:

(1) use other available sources of financial aid to cover any difference in the amount of the grant and the student's actual amount of tuition and required fees at the institution, provided that the other available sources of financial aid do not include a loan; or

(2) exempt the excess charges for the student. However, if an exemption is used, the institution may not report the recipient's tuition and fees in a way that would increase the general revenue appropriations to the institution.

(d) Grant calculations are to be completed in accordance with §22.8 of this chapter (relating to Financial Aid Adjustments) [ subchapter A of this chapter (relating to General Provisions) ].

§ 22.264. Allocation of Funds - Public Technical and State Colleges.

(a) Allocations for public state colleges, public technical institutes, and the Polytechnic College at Sam Houston State University are to be determined on an annual basis as follows:

(1) The allocation base for each eligible institution will be the number of students it reported in the most recent certified Financial Aid Database submission who met the following criteria:

(A) were classified as residents of Texas, as defined in §22.1 of this chapter (relating to Definitions);

(B) were enrolled as undergraduates in an associate degree or certificate program half-time, three-quarter time, or full-time, with full-time students weighted as 1, three-quarter time students weighted as 0.75, and half-time students weighted as 0.50, as reported in the Financial Aid Database submission; and

(C) have a 9-month Student Aid Index, calculated using federal methodology, less than or equal to the Federal Pell Grant eligibility Student Aid Index cap for the year reported in the Financial Aid Database submission.

(2) Each institution's percent of the available funds will equal its percent of the state-wide need as determined by multiplying each institution's enrollments by the respective grant maximums of students who meet the criteria in paragraph (1) of this subsection.

(3) Allocations for both years of the state appropriations' biennium will be completed at the same time. The three most recent certified Financial Aid Database submissions will be utilized to forecast the data utilized in the calculation of the allocation for the second year of the biennium. Institutions will receive notification of their allocations for both years of the biennium at the same time.

(4) Verification of Data. Allocation calculations will be shared with all participating institutions for comment and verification prior to final posting, and the institutions will be given 10 working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the data they submitted or to advise the Coordinating Board of any inaccuracies.

(b) Reductions in Funding.

(1) If annual funding for the Program is reduced after the start of a fiscal year, the Coordinating Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.

(2) If annual funding is reduced prior to the start of a fiscal year, the Coordinating Board may recalculate the allocations according to the allocation methodology outlined in this rule for the affected fiscal year based on available dollars.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503455

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

SUBCHAPTER O. TEXAS LEADERSHIP RESEARCH SCHOLARS PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter O, §22.302 and §22.310, concerning the Texas Leadership Research Scholars Program. Specifically, this amendment will clarify that scholarships are limited to four years per student and per program, guarantees at least one research scholarship per eligible institution if funding is sufficient, and prohibits any rules that may restrict or give preference to any general academic institution. The amendment also addresses changes in deadlines for intent to participate.

The Coordinating Board is authorized to adopt rules as necessary by Texas Education Code, §61.897. The revisions implement statutory amendments passed by the 89th Texas Legislature. Specifically, this amendment will update Coordinating Board rules to accurately reflect changes made by Senate Bill (SB) 2055, 89th Texas Legislature, Regular Session. SB 2055, amended Texas Education Code, §61.897, to specify that a student is ineligible to receive funding from either the Undergraduate or the Graduate scholarship program for more than four academic years per program, that eligible institutions receive at least one research scholarship award, and that no administrative rules may be adopted that impose limits on, or grant preference to, any general academic institution.

Rule 22.302, Eligible Institutions, provides the responsibilities and deadlines for participating eligible institutions to follow. Specifically, the amended section removes a provision that is no longer relevant since the academic year has passed and updates the deadline for institutions to indicate their intent to participate by December 15.

Rule 22.310, Scholarship Amounts and Allocation of Funds, outlines the scholarship amounts and how the Coordinating Board will allocate the funds to institutions. Specifically, the amended section removes old allocation methodologies and clarifies that eligible institutions will receive at least one research scholarship award.

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

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

Daniel Pérez, Assistant Deputy Commissioner for Academic and Workforce Initiatives, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the increase in number of high-achieving, economically disadvantaged students who pursue higher education opportunities that may not have been able to afford or access otherwise. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. Participation in the Texas Leadership Research Scholars program is voluntary.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The amendment is proposed under Texas Education Code, Section 61.897, as amended by Senate Bill 2055, which provides the Coordinating Board with the authority to adopt rules as necessary to implement the Texas Leadership Research Scholars Program.

The proposed amendment affects Texas Education Code, subchapter T-3, and 19 Texas Administrative Code Chapter 22, Subchapter O.

§ 22.302. Eligible Institutions.

(b) [ (a) ] Responsibilities. A participating eligible institution is required to:

(1) Abide by the General Provisions outlined in subchapter A of this chapter (relating to General Provisions);

(2) Have and comply with policies that prohibit discrimination against or deny participation in or the benefits of the Program described in this subchapter on the basis of race, color, national origin, gender, religion, age, or disability;

(3) Comply with the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment; and

(4) Provide all reports regarding the program to the Coordinating Board or Administrator.

(c) [ (b) ] Approval.

(1) Agreement. Each eligible institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner, prior to receiving a disbursement of funds through the Program.

(2) Approval Deadline.

[(A)] Each eligible institution must indicate an intent to participate in the Program by emailing the Administrator by December [ June ] 15 and enter into an agreement with the Coordinating Board by August 31 for qualified students enrolled in that institution to be eligible to receive scholarships in the following fiscal year.

§ 22.310. Scholarship Amounts and Allocation of Funds.

(a) Funding. The Coordinating Board may not award through this Program an amount that exceeds the amount of state appropriations and other funds that are available for this use.

(b) Scholarship Amounts.

(1) The Commissioner shall establish the amount of each Research Scholarship in an academic year that is 150% of the average of the amount of the Leadership Scholarships awarded across participating eligible [ public research and public emerging research ] institutions under subchapter N of this chapter (relating to Texas Leadership Scholars Grant Program), based on available appropriations for the Program. The Scholarship may be applied toward housing, food, or other costs of attendance allowed under the Program, at the participating eligible institution as approved by the Coordinating Board.

(2) An eligible [ Eligible ] institution may not reduce the amount of a scholarship by any gift aid for which the Research Scholar receiving the scholarship is eligible unless the total amount of a Research Scholar's scholarship plus any gift aid received exceeds the Research Scholar's cost of attendance.

(3) An eligible [ Eligible ] institution shall ensure each Research Scholar receives the scholarship awarded under the program for four (4) years so long as the scholar maintains eligibility set forth in §22.303(b) of this subchapter (relating to Eligible Students).

(c) Allocation of Funds.

(1) The Commissioner shall determine and announce the number of initial scholarships available to each participating eligible institution by January 31 of the prior fiscal year set forth in §22.303(a) of this subchapter, based on the following criteria:

(2) The number of Scholarships allocated to each participating eligible institution for returning Research Scholars will be the number of Scholars eligible to receive the Scholarship set forth in §22.303(b) of this subchapter.

(3) Each participating eligible institution will receive an annual allocation equal to the number of Scholarships allocated to the institution times the amount established in subsection (b) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503456

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

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

CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS

SUBCHAPTER B. TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter B, §§22.32 - 22.35, concerning the Teach for Texas Loan Repayment Assistance Program. Specifically, this amendment will update definitions, clarify aspects of applicant eligibility, and update program prioritization rules for improved administration.

The Coordinating Board is authorized by Texas Education Code, §56.3575, to adopt rules relating to the Teach for Texas Loan Repayment Assistance Program.

Rule 23.32, Definitions, is amended by adding a definition for "current academic year." The added definition, along with proposed amendments to rule §23.33, is intended to clarify the Coordinating Board's existing practice for determining applicant eligibility. This does not represent a change in administration of the program.

Rule 23.33, Applicant Eligibility, is amended to make nonsubstantive changes intended to clarify the Coordinating Board's practice regarding eligibility determinations. Applications for this Program generally must be submitted between April and July, and applicants must demonstrate that they are: (1) currently employed, (2) certified and teaching in a critical shortage area or in a shortage community, and (3) teaching full-time at the time of application and have taught full-time for a service period (nine months) during the current academic year (i.e. the academic year beginning with the fall semester prior to the application period). None of the proposed changes to this section represent a change in Coordinating Board practice or eligibility criteria for the Program.

Rule 23.34, Applicant Ranking Priorities, is amended to remove a redundant reference to the Program application deadline, further clarify how prioritization occurs, and replace the "financial need" priority factor in current Subsection (b)(5). Current Subsection (a) is redundant with rule §22.33(1), and is eliminated. Nonsubstantive edits to current Subsection (b) align the description of prioritization in other programs within the chapter and clarify potential ambiguities. The "financial need" factor in current Subsection (b)(5), however, is substantively changed from the applicant's adjusted gross income to his or her total education loan debt. This change still meets the requirements of Texas Education Code, §56.353(b), but obviates the need for applicants to provide, and the Coordinating Board to retain, sensitive income tax information.

Rule 23.35, Amount of Loan Repayment Assistance, is amended. Subsection (a) is modified with nonsubstantive edits that align with similar provisions in other programs in the chapter. Subsection (b) is added to codify existing Coordinating Board practice that in each of the five years a person may receive loan repayment assistance under the Program, the person may not receive more than one-fifth of the person's eligible loan balance as was determined when the person first demonstrated eligibility for the Program.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved rule clarity and program administration. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The amendment is proposed under Texas Education Code, Section 56.3575, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter B.

§ 23.32. Definitions.

In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Certified Educator--A person who has completed all requirements for a standard teaching certificate in the State of Texas. A person holding a probationary certificate, temporary classroom assignment permit, emergency permit, or a nonrenewable permit is not considered a certified educator. The term does not include a teacher's aide or a full-time administrator.

(3) [ (2) ] Public School--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, Chapter 12.

(4) [ (3) ] Service Period--A period of service of at least 9 months of a 12-month academic year.

(5) [ (4) ] Shortage Communities--Texas public schools identified annually by the Texas Commissioner of Education, or his/her designee, whose percentage of economically disadvantaged students is higher than the statewide average percentage of students receiving free or reduced cost lunches.

(6) [ (5) ] Shortage Teaching Fields--Subjects identified annually by the Texas Commissioner of Education, or his/her designee, as having a critical shortage of teachers.

(7) [ (6) ] Teaching full-time--Teaching at least four hours each day performing instructional duties as a full-time employee of a Texas public school district.

§ 23.33. Applicant Eligibility.

To be eligible for loan repayment assistance, an applicant must:

(1) submit a completed application to the Coordinating Board by the stated deadline; and

(2) be one of the following:

(A) a certified educator in a shortage teaching field [ , currently ] teaching full-time in that field at the time of the application, and having [ have ] taught in that field full-time for one service period in the current [ last ] academic year [ at the preschool, primary, or secondary level ] in a Texas public school; or

(B) a certified educator [ currently ] teaching full-time in a public school [ at the preschool, primary, or secondary level ] in a shortage community at the time of the application , and having [ have ] taught in that community full-time for one service period in the current [ last ] academic year.

§ 23.34. Applicant Ranking Priorities.

[(b)] If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, then applications shall be ranked using priority determinations in the following order: [ by the following criteria, in order of priority: ]

(1) Renewal applications, unless a break in service periods has occurred;

(2) Applications for those teaching [ Teaching ] in a shortage teaching field while also teaching in a shortage community, prioritizing the communities based on the highest percentage of economically disadvantaged students [ degree of shortage ];

(3) Applications for those teaching [ Teaching ] any subject in a shortage community, prioritizing the communities based on the highest percentage of economically disadvantaged students [ degree of shortage ];

(4) Applications for those teaching [ Teaching ] in a shortage teaching field in a non-shortage community; and

(5) Applications from those with the greatest financial [ Financial ] need based on the applicant's total education loan debt [ adjusted gross income as reported on the most recently filed federal income tax return ].

§ 23.35. Amount of Loan Repayment Assistance.

(a) [ Taking into consideration the amount of available funding, and the number of eligible applicants. the ] The Commissioner shall determine annually the maximum loan repayment assistance amount offered under this subchapter , taking into consideration the amount of available funding, the expected number of eligible applicants, and the average loan balances of program participants .

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503458

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

SUBCHAPTER G. NURSING FACULTY LOAN REPAYMENT ASSISTANCE PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter G, §23.187 and §23.189, concerning Nursing Faculty Loan Repayment Assistance Program. Specifically, this amendment will replace the existing prioritization provisions with one that is clearer and more efficiently administered.

The Coordinating Board is authorized by Texas Education Code, §61.9828, to adopt rules relating to the Nursing Faculty Loan Repayment Assistance Program.

Rule 23.187, Definitions, is amended by eliminating the definition for "Texas Center for Nursing Workforce Studies." The changes to rule §23.189 make this term unnecessary.

Rule 23.189, Applicant Ranking Priorities, is amended to replace the prioritization provisions for the program. The existing process relies on faculty vacancy data, but due to timing issues, the available data does not necessarily align with the application and awarding window for the program each year. Moreover, the existing rule does not include a provision to prioritize between two applicants who are employed by the same institution. These provisions are instead replaced with a new process by which renewal applications are prioritized first, which represents current practice, followed by applications from full-time faculty members. Any subsequent separations required would be made on the basis of total education loan debt, as a signifier of financial need.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved program administration. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The amendments are proposed under Texas Education Code, Section 61.9828, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter G.

§ 23.187. Definitions.

In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Eligible Institution--Texas institutions of higher education or private or independent institutions, as defined in §61.003 of the Texas Education Code.

(2) Full-Time--An average of at least 32 hours per week during the service period at an eligible institution.

(3) Service period--A period of service equal to a minimum of nine months of a 12-month academic year that qualifies an eligible faculty member for an annual education loan repayment award.

§ 23.189. Applicant Ranking Priorities.

If there are not sufficient funds to offer [ award ] loan repayment assistance to [ for ] all eligible applicants, then [ nursing faculty whose applications are received by the published deadline, priority shall be given to renewal applications. Initial ] applications shall be ranked using priority determinations in the following order [ in a manner that takes into account the following information, provided by the Texas Center for Nursing Workforce Studies ]:

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503461

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

SUBCHAPTER J. MATH AND SCIENCE SCHOLARS LOAN REPAYMENT ASSISTANCE PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter J, §§23.287 - 23.289, concerning the Math and Science Scholars Loan Repayment Assistance Program. Specifically, this amendment will clarify potentially ambiguous aspects of the rules and update prioritization provisions to align with similar rules in the chapter.

The Coordinating Board is authorized by Texas Education Code, §61.9840, to adopt rules relating to the Math and Science Scholars Loan Repayment Assistance Program.

Rule 23.287, Definitions, is amended to add a definition for "current academic year," a term introduced to further clarify the eligibility determination process in rule 23.288. The definition aligns with use of the term in similar provisions in the chapter and does not represent a change in Coordinating Board practice.

Rule 23.288, Applicant Eligibility, is amended to clarify the eligibility determination process for Program applicants. Reference to eligibility for those teaching under a probationary teaching certificate is added to paragraph (5) for statutory alignment with Texas Education Code, §61.9832(a)(5)(B), and paragraph (6) is amended to specify that an applicant's eligibility in a given year relates to the service period during the current academic year.

Rule 23.289, Application Ranking Priorities, is retitled to align with naming conventions for similar provisions throughout the chapter and amended to clarify the prioritization process. Changes to this section are largely nonsubstantive, aligning language with similar provisions in the chapter and providing additional detail regarding the Coordinating Board's existing process to prioritize applicants. Paragraph (5) is added, however, to align with processes in other loan repayment assistance programs and provide a final criterion that will definitively allow for all applicants to be ranked.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

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

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved rule clarity. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

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

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

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

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

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

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

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

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

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

The amendments are proposed under Texas Education Code, Section 61.9840, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter J.

§ 23.287. Definitions.

In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(2) [ (1) ] Program--The Math and Science Scholars Loan Repayment Assistance Program.

(3) [ (2) ] Public School--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, chapter 12.

(4) [ (3) ] Service Period--A period of at least nine months of a twelve-month academic year.

(5) [ (4) ] Title I School--Texas public schools that receive federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. §6301 et seq.).

§ 23.288. Applicant Eligibility.

To be eligible to receive loan repayment assistance funds, an applicant must:

(1) submit a completed application, including transcripts of the applicant's postsecondary coursework and any other requested documents, to the Coordinating Board by the established deadline posted on the Program web page;

(2) be a U.S. citizen;

(3) have completed an undergraduate or graduate program in mathematics or science (a list of eligible majors will be posted on the Coordinating Board's website and reviewed at least once per biennium);

(4) have earned a cumulative GPA of at least 3.0 on a four-point scale, or the equivalent, at the institution from which the teacher graduated;

(5) be certified under the Texas Education Code, chapter 21, subchapter B, to teach mathematics or science in a Texas public school , or be teaching under a probationary teaching certificate ;

(6) have been employed as a full-time classroom teacher teaching mathematics or science in a public school for one to eight consecutive service periods, including during the current academic year, unless a break in service periods has occurred as a result of the circumstances described in §23.294(b) of this subchapter (relating to Limitations); and

(7) enter into an agreement or have an agreement on file with the Coordinating Board that includes the following provisions:

(A) the applicant has accepted an offer of continued employment to teach mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a public school, for four consecutive years, beginning with the current academic [ previous school ] year;

(B) the applicant may complete up to four additional consecutive school years teaching mathematics or science, as applicable based on the teacher's certification, for an average of at least four hours each school day in a public school, beginning with the school year immediately following the last of the four consecutive school years described by subparagraph (A) of this paragraph; and

(C) the applicant understands that loan repayment assistance grants are contingent on available funding received, that the Coordinating Board may make a financial commitment only based on funds that have been appropriated for each two-year state budget period, and that the applicant will be released from the teaching obligation for any year of employment for which funds are not available.

§ 23.289. Applicant [ Application ] Ranking Priorities.

(a) If there are not sufficient funds to offer loan repayment assistance to all eligible applicants, then applications shall be ranked using priority determinations in the following order: [ by the following criteria, in order of priority: ]

(1) Renewal applications[ , unless a break in service periods has occurred, except as provided by §23.294(b) of this subchapter (relating to Limitations) ];

(2) Applications [ applications ] from teachers with the greatest number of mathematics and science courses completed , based on the Coordinating Board's review of the applicant's transcripts ;

(3) Applications [ applications ] from teachers with the highest aggregate grade point average for the [ grades received in ] mathematics and science courses described by paragraph (2) of this section ; [ and ]

(4) Applications [ applications ] from teachers employed at schools with the highest percentages of students who are eligible for free or reduced cost lunches ; and [ . ]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2025.

TRD-202503464

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: November 9, 2025

For further information, please call: (512) 427-6365

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS

SUBCHAPTER A. GIFTED/TALENTED EDUCATION

The State Board of Education (SBOE) proposes an amendment to §89.1, concerning gifted and talented education. The proposed amendment would ensure that a district's identification of gifted and talented students complies with all legal requirements and federal and state executive orders.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 89.1 establishes requirements for the identification of gifted and talented students. The proposed amendment would add new paragraph (4) to align identification criteria with all legal requirements and federal and state executive orders and amend paragraph (5) to require that the selection committee be trained in the identification of gifted students.

The SBOE approved the proposed amendment for first reading and filing authorization at its September 12, 2025 meeting.

FISCAL IMPACT: Kristin McGuire, interim deputy commissioner for special populations and student supports, has determined that for the first five years the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

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

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

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

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

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation to ensure that identification for students in the gifted and talented program is made in compliance with all legal requirements and federal and state executive orders.

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

PUBLIC BENEFIT AND COST TO PERSONS: Ms. McGuire has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to ensure that identification for students in the gifted and talented program is made in compliance with all legal requirements and federal and state executive orders. There is no anticipated economic cost to persons who are required to comply with the proposal.

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

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

PUBLIC COMMENTS: The SBOE requests public comments on the proposal, including, per Texas Government Code, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins October 10, 2025, and ends at 5:00 p.m. on November 10, 2025. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/about-tea/laws-and-rules/sboe-rules-tac/proposed-state-board-of-education-rules. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2025 in accordance with the SBOE board operating policies and procedures. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on October 10, 2025.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §29.121, which establishes the definition of a gifted and talented student; TEC, §29.122, which establishes that each school district shall adopt a process for identifying and serving gifted and talented students; TEC, §29.123, which establishes that the State Board of Education shall develop and update a state plan for the education of gifted and talented students to guide school districts; TEC, §39.236, which establishes criteria for the commissioner to adopt standards to evaluate school district programs for gifted and talented students; and TEC, §48.109, which establishes criteria for utilizing the gifted and talented student allotment funds.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§29.121, 29.122, 29.123, 39.236, and 48.109.

§89.1. Student Identification.

School districts shall develop written policies on student identification that are approved by the local board of trustees and disseminated to parents. The policies must:

(1) include provisions for ongoing screening and selection of students who perform or show potential for performing at remarkably high levels of accomplishment in the areas defined in the Texas Education Code, §29.121;

(2) include assessment measures collected from multiple sources according to each area defined in the Texas State Plan for the Education of Gifted/Talented Students;

(3) include data and procedures designed to ensure that students from all populations in the district have access to assessment and, if identified, services for the gifted/talented program;

(5) [(4)] provide for final selection of students to be made by a committee composed of at least three local district educators who have received training in the nature and needs and identification of gifted students;

(6) [(5)] include provisions regarding furloughs, reassessment, exiting of students from program services, transfer students, and appeals of district decisions regarding program placement; and

(7) [(6)] not limit the number of students the district may identify as gifted/talented or served under the district's program for gifted/talented students.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 29, 2025.

TRD-202503481

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 9, 2025

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

CHAPTER 127. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR CAREER DEVELOPMENT AND CAREER AND TECHNICAL EDUCATION

The State Board of Education (SBOE) proposes new §§127.270, 127.472, 127.512, 127.824, and 127.828 - 127.830, concerning Texas Essential Knowledge and Skills (TEKS) for career development and career and technical education (CTE). The proposed new sections would add new TEKS developed by subject matter experts convened by the Texas State Technical College (TSTC) and Education Service Center (ESC) Region 4 that are needed for completion of CTE programs of study.

BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with statutory requirements that the SBOE identify by rule the essential knowledge and skills of each subject in the required curriculum, the SBOE follows a board-approved cycle to review and revise the essential knowledge and skills for each subject.

During the November 2022 meeting, the SBOE approved a timeline for the review of CTE courses for 2022-2025. Also at the meeting, the SBOE approved a specific process to be used in the review and revision of the CTE TEKS. The CTE-specific process largely follows the process for TEKS review for other subject areas but was adjusted to account for differences specific to CTE.

In 2023, CTE advisory committees convened to make recommendations for the review and refresh of programs of study as required by the Texas Perkins State Plan. Finalized programs of study were published in the fall of 2023 with an implementation date beginning in the 2024-2025 school year. CTE courses to be developed or revised to complete or update programs of study were determined.

At the April 2023 SBOE meeting, the board discussed and approved changes to the TEKS review process, including approving a process for selecting work group members. The changes were implemented beginning with the engineering TEKS review process. The SBOE began the review of current CTE TEKS, the development of new CTE TEKS, and the review of innovative courses to be approved as TEKS for courses in the new engineering program of study in 2024. New engineering CTE TEKS were adopted at the April 2025 SBOE meeting.

At the April 2024 meeting, the SBOE approved new TEKS for 23 courses in the agribusiness, animal science, plant science, and aviation maintenance programs of study as well as two STEM courses that may satisfy science graduation requirements, Physics for Engineering and Scientific Research and Design. Additionally, Texas Education Agency (TEA) staff shared an overview of upcoming interrelated needs for TEKS review and revision and instructional materials review and approval (IMRA). Staff explained upcoming needs related to development and amendment of CTE courses, made recommendations for completing the work in batches, and recommended including CTE in the next three cycles of IMRA.

At the June 2024 meeting, the board considered next steps related to the adoption of CTE courses that are needed to complete programs of study and a schedule for future CTE TEKS reviews. The SBOE approved recommendations that TEA present a set of innovative courses with minor edits for consideration for adoption as TEKS-based courses. Additionally, the SBOE authorized TEA to enter into interagency contracts with Collin College, TSTC, and ESC Region 4 to develop initial drafts of TEKS for the CTE courses.

The proposed new sections would ensure the standards for these career clusters support relevant and meaningful programs of study.

The SBOE approved the proposed new rules for first reading and filing authorization at its June 27, 2025 meeting.

FISCAL IMPACT: Monica Martinez, associate commissioner for standards and programs, has determined that for the first five years the proposal is in effect (2025-2029), there are no additional costs to state government. However, in fiscal year 2025 there was a cost to the state of approximately $285,000 to secure contracts for the development of the proposed new CTE TEKS. In addition, there will be implications for TEA if the state develops professional development to help teachers and administrators understand the revised TEKS. Any professional development that is created would be based on whether TEA received an appropriation for professional development in the next biennium.

There may be fiscal implications for school districts and charter schools to implement the proposed new TEKS, which may include the need for professional development and revisions to district-developed databases, curriculum, and scope and sequence documents. Since curriculum and instruction decisions are made at the local district level, it is difficult to estimate the fiscal impact on any given district.

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

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

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

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

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create new regulations by proposing new CTE TEKS required to be taught by school districts and charter schools offering the courses.

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

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Martinez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to add course options for students to support relevant and meaningful programs of study. There is no anticipated economic cost to persons who are required to comply with the proposal.

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

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

PUBLIC COMMENTS: The SBOE requests public comments on the proposal, including, per Texas Government Code, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins October 10, 2025, and ends at 5:00 p.m. on November 10, 2025. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/about-tea/laws-and-rules/sboe-rules-tac/proposed-state-board-of-education-rules. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2025 in accordance with the SBOE board operating policies and procedures. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on October 10, 2025.

SUBCHAPTER F. BUSINESS, MARKETING, AND FINANCE

STATUTORY AUTHORITY. The new section is proposed under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; TEC, §28.002(c), which requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments; TEC, §28.002(n), which allows the SBOE to develop by rule and implement a plan designed to incorporate foundation curriculum requirements into the career and technical education (CTE) curriculum required in TEC, §28.002; TEC, §28.002(o), which requires the SBOE to determine that at least 50% of the approved CTE courses are cost effective for a school district to implement; TEC, §28.025(a), which requires the SBOE to determine by rule the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002; and TEC, §28.025(b-17), which requires the SBOE to ensure by rule that a student may comply with curriculum requirements under TEC, §28.025(b-1)(6), by successfully completing an advanced CTE course, including a course that may lead to an industry-recognized credential or certificate or an associate degree.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §§7.102(c)(4); 28.002(a), (c), (n), and (o); and 28.025(a) and (b-17).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 29, 2025.

TRD-202503482

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 9, 2025

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

SUBCHAPTER J. HEALTH SCIENCE

STATUTORY AUTHORITY. The new sections are proposed under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; TEC, §28.002(c), which requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments; TEC, §28.002(n), which allows the SBOE to develop by rule and implement a plan designed to incorporate foundation curriculum requirements into the career and technical education (CTE) curriculum required in TEC, §28.002; TEC, §28.002(o), which requires the SBOE to determine that at least 50% of the approved CTE courses are cost effective for a school district to implement; TEC, §28.025(a), which requires the SBOE to determine by rule the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002; and TEC, §28.025(b-17), which requires the SBOE to ensure by rule that a student may comply with curriculum requirements under TEC, §28.025(b-1)(6), by successfully completing an advanced CTE course, including a course that may lead to an industry-recognized credential or certificate or an associate degree.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code, §§7.102(c)(4); 28.002(a), (c), (n), and (o); and 28.025(a) and (b-17).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 29, 2025.

TRD-202503483

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 9, 2025

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

SUBCHAPTER O. MANUFACTURING

STATUTORY AUTHORITY. The new sections are proposed under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; TEC, §28.002(c), which requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments; TEC, §28.002(n), which allows the SBOE to develop by rule and implement a plan designed to incorporate foundation curriculum requirements into the career and technical education (CTE) curriculum required in TEC, §28.002; TEC, §28.002(o), which requires the SBOE to determine that at least 50% of the approved CTE courses are cost effective for a school district to implement; TEC, §28.025(a), which requires the SBOE to determine by rule the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002; and TEC, §28.025(b-17), which requires the SBOE to ensure by rule that a student may comply with curriculum requirements under TEC, §28.025(b-1)(6), by successfully completing an advanced CTE course, including a course that may lead to an industry-recognized credential or certificate or an associate degree.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code, §§7.102(c)(4); 28.002(a), (c), (n), and (o); and 28.025(a) and (b-17).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 29, 2025.

TRD-202503484

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 9, 2025

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