TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 2. ACADEMIC AND WORKFORCE EDUCATION
SUBCHAPTER
F.
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 2, Subchapter F, §2.118, concerning Criteria for New Competency-Based Baccalaureate Degrees. Specifically, this amendment will provide clarity to public institutions regarding the allowable threshold for tuition that can be charged for a competency-based baccalaureate degree program offered under the provisions of Texas Education Code, §51.3535. This rule amendment is proposed in conjunction with a rule amendment in Chapter 13, Subchapter G, §13.130 (concerning Cost of Attendance Calculation for Competency-Based Baccalaureate Degree Programs).
Texas Education Code, §51.3535, authorizes the Coordinating Board to adopt rules regarding high demand fields and tuition rates for competency-based baccalaureate degree programs.
Rule 2.118, Criteria for New Competency-Based Baccalaureate Degrees, is amended to include a definition of direct cost of attendance and maximum allowable direct cost of attendance for programs developed under this section.
Brandon Griggs, Assistant Commissioner for Academic and Health Affairs, 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 or 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 local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Brandon Griggs, Assistant Commissioner for 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 clarity for institutions of higher education regarding the allowable threshold for tuition that can be charged for a competency-based degree programs offered under the provisions of Texas Education Code, §51.3535. There are no anticipated economic costs to persons who are required to comply with the section as proposed.
Government Growth Impact Statement
(1) the rule will not create or eliminate a government program;
(2) implementation of the rule will not require the creation or elimination of employee positions;
(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rule will not require an increase or decrease in fees paid to the agency;
(5) the rule will not create a new rule;
(6) the rule will not limit an existing rule;
(7) the rule will not change the number of individuals subject to the rule; and
(8) the rule will not affect this state's economy.
Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Brandon Griggs, Assistant Commissioner for 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 amendment is proposed under Texas Education Code, Section 51.3535, which provides the Coordinating Board with authority to adopt rules regarding high demand fields and tuition rates for competency-based baccalaureate degree programs.
The proposed amendment affects Texas Administrative Code, §2.118, concerning Criteria for New Competency-Based Baccalaureate Degrees.
§2.118.
(a) Each system shall ensure that one or more institutions of higher education under its control offer a competency-based baccalaureate degree program in accordance with this rule.
(b) Direct Cost of Attendance. For a degree program developed under this section, the cost of attendance shall be defined as the direct cost of attendance, which includes all tuition and fees necessary for completion of the degree program coursework.
(c) [(b)] At least one institution of higher education in each system shall offer a competency-based baccalaureate degree program in one of the following high-demand fields:
(1) CIP 11 - Computer and Information Sciences and Support Services (e.g., computer science, data science, information security/cyber security);
(2) CIP 51 - Health Professions and Related Programs (e.g., nursing, health services, health administration);
(3) CIP 27 - Mathematics and Statistics;
(4) CIP 30.70 Data Science, CIP 30.71 Data Analytics, or CIP 30.08 Mathematics and Computer Science, or;
(5) Any other degree program approved by the Commissioner based on available data demonstrating the program leads to employment in a high-demand field.
(d) [(c)] A competency-based baccalaureate degree program offered under this section is subject to the planning notification required by §2.113 of this subchapter (relating to Submission of Planning Notification), approval required under §2.114 of this subchapter (relating to Approval Required), and §2.4 of this chapter (relating to Types of Approval Required) [2.4 of this chapter (relating to Approval Required)].
(e) [(d)] A competency-based baccalaureate degree program offered under this section is subject to the criteria requirements [for approval] under §2.117 of this subchapter (relating to Criteria for New Baccalaureate and Master's Degrees).
(f) [(e)] An institution may not charge more than the direct cost of attendance as prescribed in Chapter 13, Subchapter G , §13.130 [total tuition provided in chapter 13, subchapter G] of this title (relating to Tuition and Fees) [for a degree program offered under this section].
[(f) This rule applies to each system beginning with the 2026 - 2027 academic year. A system that does not currently offer a competency-based degree in a high-demand field as set out in this section shall submit a planning notification for approval of a program not later than July 1, 2026.]
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 October 2, 2026.
TRD-202604216
Douglas Brock
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 15, 2026
For further information, please call: (512) 427-6226
CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER
F.
The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter F, §§4.120 - 4.124, concerning Clery Act Compliance. Specifically, the new sections will create rules to facilitate compliance with the Clery Act to implement recent legislation.
Texas Education Code, §61.070, provides the Coordinating Board with the authority to adopt rules on the timely issuance of emergency warnings.
Rule 4.120, Policy, creates a requirement that institutions of higher education create policies on the issuance of campus wide warnings.
Rule 4.121, Types of Notifications, describes the two types of emergency warnings.
Rule 4.122, Timing of Warnings, outlines requirements for when warnings must be issued.
Rule 4.123, Methods, describes the methods that should be used to issue warnings.
Rule 4.124, Testing, requires that the system be tested once each semester.
Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, 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 estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the sections will be to comply with recent legislation. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The new sections are proposed under Texas Education Code, Section 61.070, which provides the Coordinating Board with the authority to adopt rules on the timely issuance of emergency warnings.
The proposed new sections affect Texas Education Code, Section 61.070.
§4.120.
Institutions of Higher Education shall adopt policies to govern the issuance of campus wide warnings on their campuses pursuant to the Clery Act, (20 U.S.C. Section 1092(f) with implementing regulations found at 34 CFR 668.46), Texas Education Code, §51.218, and the guidelines set out in this subchapter.
§4.121.
Institutions of higher education shall issue two types of notifications in conjunction with the Clery Act.
(1) Timely Warning:
(A) to appraise the campus, as it is defined in the implementing regulations of Clery Act, 34 CFR 668.46(a), of a continuous or ongoing threat;
(B) must include, at a minimum:
(i) date of incident(s) prompting the warning;
(ii) nature of incident(s);
(iii) location of incident(s);
(iv) prevention tips; and
(v) information on how to report a similar occurrence;
(C) must be designed to reach entire campus community, which includes students, faculty, staff, and independent contractors who have a regular presence on campus.
(2) Emergency Notification:
(A) to warn the campus community of an immediate threat or danger to health and safety to the members of the campus community or a group within the campus community;
(B) must include, at a minimum:
(i) information about the nature of the emergency and what changes one needs to make immediately as a result;
(ii) immediate action steps, if necessary, which may include evacuation orders, shelter in place orders, or restriction of access to buildings or areas; and
(iii) assurance that an all-clear will be sent when the emergency is over;
(C) may be limited to affected area or group if only part of the campus is affected;
(D) must withhold the names and identifying information of victims.
§4.122.
(a) Both Timely Warnings and Emergency Notifications shall be issued as soon as pertinent information is available and confirmed that meets the standards set forth in §4.121 of this subchapter (relating to Types of Notifications).
(b) If, in the professional judgment of the person responsible for issuing the Timely Warning or Emergency Notification, such a communication will compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency, a communication will not be issued until such a communication will no longer compromise the emergency response so long as such delay will not endanger more individuals.
(c) An all clear message shall be issued via each method through which the original communication was issued once the threat has passed or subsided.
§4.123.
(a) Timely Warnings and Emergency Notifications shall be distributed by a method intended to reach the maximum number of people.
(b) These methods may include, but are not limited to, text messages, email, and if appropriate and feasible, mobile app push notifications and website banners.
§4.124.
(a) An institution shall test the emergency alert system established under Texas Education Code, §51.218, at least once during each fall and each spring semester.
(b) An institution shall document, for each test, a description of the exercise, the date and time of the exercise, and whether the exercise was announced or unannounced.
(c) An institution shall publicize its emergency notification procedures in conjunction with at least one test each calendar year.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 2, 2026.
TRD-202604217
Douglas Brock
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 15, 2026
For further information, please call: (512) 427-6495
CHAPTER 5. RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER
A.
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 5, Subchapter A, §5.5, concerning Uniform Admission Policy. Specifically, Senate Bill 1241, 89th Texas Legislature, Regular Session, directed the Coordinating Board to conduct a study to identify each college entrance examination with sufficient rigor and reliability to be used as a criterion for admission to a general academic teaching institution and determine the score for each examination that demonstrates adequate performance for purposes of admission to a general academic teaching institution. At its Quarterly Meeting on July 22, 2026, the Coordinating Board approved the report. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed amendments to the rule. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.
Texas Education Code, §51.807, provides the Coordinating Board with the authority to adopt rules to implement the provisions of Texas Education Code, Chapters 51.803 - 51.805, concerning Uniform Admission.
Rule 5.5, Uniform Admission Policy, is amended to add the Classic Learning Test (CLT) and requisite scores as an option, in addition to SAT and ACT, for students who do not meet top 10% or 25% grade point average of the student's high school graduating class and Distinguished Level of Achievement requirements for automatic admission. Changes are effective for admissions starting fall 2028.
Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state or local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be increased efficiency and effectiveness of student assessment and placement. There are no anticipated economic costs to persons who are required to comply with the section as proposed.
Government Growth Impact Statement
(1) the rule will not create or eliminate a government program;
(2) implementation of the rule will not require the creation or elimination of employee positions;
(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rule will not require an increase or decrease in fees paid to the agency;
(5) the rule will not create a new rule;
(6) the rule will not limit an existing rule;
(7) the rule will not change the number of individuals subject to the rule; and
(8) the rule will not affect this state's economy.
Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Carrie Gits, Assistant Commissioner for Student Success and Institutional Partnerships, P.O. Box 12788, Austin, Texas 78701, or Carrie.Gits@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under the Texas Education Code, Section 51.807, which provides the Coordinating Board with the authority to adopt rules to implement the provisions of Texas Education Code, Chapters 51.803- 51.805, concerning Uniform Admission.
The proposed amendment affects Texas Education Code, Sections 51.801 - 51.809.
§5.5.
(a) Each public university shall admit first-time undergraduate students for each semester in accordance with Texas Education Code, §§51.801 - 51.809. Only The University of Texas at Austin shall admit students under Texas Education Code §51.803(a-1) - (a-5) and subsection (e) of this section.
(b) All applicants from Texas schools accredited by a generally recognized accrediting agency and who graduate in the top 10 percent of their high school class or who graduate in the top 25 percent of their high school class, to the extent the governing board of a general academic teaching institution has adopted such an admission policy, shall be admitted to a general academic teaching institution if the student meets the following conditions:
(1) The student has met one of the following:
(A) Successfully completed the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program from a Texas public high school as outlined under Texas Education Code, §28.025, as well as, 19 TAC §§74.63, 74.64, 74.73, and 74.74 (relating to the distinguished level of achievement under the Foundation, Recommended High School Program, or Distinguished Achievement High School Program--Advanced High School Program);
(B) Successfully completed a curriculum from a high school in Texas other than a public high school that is equivalent in content and rigor to the distinguished level of achievement under the Foundation, the Recommended, or Advanced High School Program as outlined under subsection (c) of this section; or
(C) Beginning with admissions for the 2028 Fall Semester, achieved the minimum scores on at least one of the college entrance examinations under clause (i), (ii), or (iii) of this subparagraph:
(i) Earned on the ACT assessment a minimum score of 18 on the English test, a minimum score of 22 on the Reading test, and a minimum score of 22 on the Math test; or a minimum combined score of 40 on the English and Reading tests and a minimum score of 22 on the Math test;
(ii) Earned on the SAT assessment a minimum score of 480 on the Evidence-Based Reading and Writing (EBRW) test and a minimum score of 530 on the mathematics test (no combined score);
(iii) Earned on the Classic Learning Test (CLT) assessment a minimum score of 40 on the Verbal Reasoning + Grammar/Writing test and a minimum score of 20 on the Quantitative Reasoning test.
[(C) Satisfied ACT's College Readiness Benchmarks on the ACT assessment; or]
[(D) Earned on the SAT assessment:]
[(i) if the SAT was administered prior to March 5, 2016, a combined critical reading (formerly "verbal") and mathematics score of 1070 with a minimum of 500 on the critical reading test and a minimum of 500 on the mathematics test; or]
[(ii) if the SAT was administered on or after March 5, 2016, a minimum score of 480 on the Evidenced-Based Reading and Writing (EBRW) test and a minimum score of 530 on the mathematics test (no combined score); and]
(2) The student submitted an official high school transcript or diploma that must, not later than the end of the student's junior year, indicate whether the student has satisfied the requirements outlined under paragraph (1)(A) or (B) of this subsection.
(3) For applicants who graduate in the top 10 percent of their high school class and want to be considered for automatic admission under Texas Education Code, §51.803, the student must:
(A) Submit a complete application defined by the institution before the expiration of the institution's established deadline; and
(B) Have graduated from high school within the two years prior to the academic year for which the student is applying for admission.
(c) A student is considered to have satisfied the requirements of subsection (b)(1)(A) or (B) of this section if the student completed all or the portion of the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program of a curriculum equivalent in content and rigor, as applicable, that was available to the student. A student may be considered to have completed the distinguished level of achievement under the Foundation, Recommended, or Advanced High School curriculum if a student was unable to complete the remainder of the curriculum solely because courses necessary to complete the remainder were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control. The standards for determining whether a student has satisfied the requirements of this subsection include the following:
(1) For a student in a Texas public high school, the public high school providing to a Texas public institution of higher education the Academic Achievement Record or transcript outlined under subsection (b)(2) of this section must indicate, in a form and manner prescribed by the Commissioner of Higher Education, which may include electronic transcript submission and digital verification, whether the student has completed all or a portion of the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.
(2) For a student in a Texas private high school, the private high school providing to a Texas public institution of higher education the transcript or diploma outlined under subsection (b)(2) of this section must:
(A) Be accredited by the Texas Private School Accreditation Commission or other accrediting organizations recognized by the Texas Education Agency; and
(B) Indicate, in a form and manner prescribed by the Commissioner of Higher Education, which may include electronic transcript submission and digital verification, whether the student has completed all or a portion of the distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.
(d) All applicants from high schools operated by the United States Department of Defense and who graduate in the top 10 percent of their high school class shall be admitted to a general academic teaching institution if the student meets the following conditions, or if subsection (c) of this section applies whether the student has completed the portion of the distinguished level of achievement under the Foundation, recommended, or advanced curriculum or of the curriculum equivalent in content and rigor, as applicable, that was available to the student:
(1) The student graduated from high school within the two years prior to the academic year for which the student is applying;
(2) The student is a Texas resident as defined in Texas Education Code, §54.052 or is entitled to pay tuition and fees at the rate provided for Texas residents for the term or semester to which the student is admitted;
(3) The student submitted a complete application as defined by the institution before the expiration of the institution's established deadline; and
(4) The student meets the curriculum or the ACT/SAT/CLT test score requirements as outlined under subsection (b)(1) (C) of this section.
(e) [For the period beginning with the 2011-2012 academic year,] The University of Texas at Austin is not required to admit applicants under this subchapter in excess of the number needed to fill 75 percent of first-time resident undergraduate students.
(f) High school rank for students seeking automatic admission to a general academic teaching institution on the basis of their class rank is determined and reported as follows: Class rank shall be the most recent available rank, based on a point in time no earlier than the end of the 11th grade, and shall be determined and reported by the high school or school district from which the student graduated or is expected to graduate as a specific number out of the total class size. The top 10 percent and top 25 percent of a high school class shall not contain more than 10 percent and 25 percent, respectively, of the total class size.
[(1) Most recent available class rank, based on a point in time no earlier than the end of the 11th grade, shall be used for admission decision-making.]
[(2) The top 10 percent and top 25 percent of a high school class shall not contain more than 10 percent and top 25 percent, respectively, of the total class size.]
[(3) The student's rank shall be reported by the applicant's high school or school district as a specific number out of a specific number total class size.]
[(4) Class rank shall be determined by the school or school district from which the student graduated or is expected to graduate.]
(g) A general academic teaching institution may limit the number of students admitted under this section if the number of applicants eligible and applying for admission to the institution under this section exceeds by more than 10 percent the average number of first-time freshmen admitted the previous two academic years. If an institution chooses to limit the number of students admitted under this section, it must ensure that:
(1)
Students who graduate in the top 10 percent of their high school class are given admission priority over other applicants eligible under this section; [At least 97 percent of first-time freshmen admitted are in the top 10 percent of their high school class;] and
(2) Clear, written guidelines are established and applied for the selection of students from among those eligible under this section, consistent with Texas Education Code, Chapter 51, Subchapter U.
[(2) Clear guidelines are established for the selection of students based on one or a specified combination of the following methods:]
[(A) A lottery in which all students qualified for automatic admission have an equal chance for selection;]
[(B) Students are selected on a first-come, first-admitted basis following receipt of a complete application; or]
[(C) At least four or more criteria identified in Texas Education Code, §51.805 are used to select students admitted.]
(h) The 18 admissions factors outlined in Texas Education Code, §51.805(b) may be considered by a general academic teaching institution when an applicant is eligible for admission under the "other admissions" provision as described in Texas Education Code, §51.805, but only after the applicant has met the curriculum or the ACT/SAT/CLT test score requirements as outlined under subsection (b)(1) (C) of this section. Applicants participating in the minimum, recommended, or advanced high school program may be considered under the "other admissions" provision according to this subsection.
(i) Each public institution of higher education shall admit a student as an undergraduate if the student meets the following conditions:
(1) Is the child of a public servant listed in Texas Government Code, §615.003 who was killed or sustained a fatal injury in the line of duty according to requirements for verification outlined by the institution; and
(2) Meets the minimum admissions requirements established for purposes of this subsection by the governing board of the institution for high school or prior college-level grade point average and performance on standardized tests.
(j) The Board shall determine the composition of the entering class of first-time freshmen students admitted under this section, including race, ethnicity, and economic status, from data each general academic teaching institution submits to the Board through existing institutional reporting, including the Board's Coordinating Board Management (CBM) reports. A separate annual demographic report under this subsection is not required.
[(j) Each general academic teaching institution shall annually report to the Board the composition of the entering class of first-time freshmen students admitted under this section. The report shall include a demographic breakdown of the class including race, ethnicity, and economic status. Each general academic teaching institution shall provide this report to the Board annually on or before a date set by the Board.]
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 October 2, 2026.
TRD-202604218
Douglas Brock
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 15, 2026
For further information, please call: (512) 427-6541
CHAPTER 13. FINANCIAL PLANNING
SUBCHAPTER
G.
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter G, §13.130, concerning Cost of Attendance Calculation for Competency-Based Baccalaureate Degree Programs. Specifically, this amendment will provide clarity to public institutions regarding the allowable threshold for what can be charged for a competency-based baccalaureate degree program offered under the provisions of Texas Education Code, §51.3535. This rule amendment is proposed in conjunction with a rule amendment in Chapter 2, Subchapter F, §2.118 (concerning Criteria for New Competency-Based Baccalaureate Degrees).
Texas Education Code, §51.3535, authorizes the Coordinating Board to adopt rules regarding competency-based baccalaureate degree programs.
Rule 13.130, Cost of Attendance Calculation for Competency-Based Baccalaureate Degree Programs, is amended by replacing the definition of "competency-based baccalaureate program" in subsection (b) to instead refer to a definition in §2.3, clarifying references throughout the rule to specifically refer to either "total cost of attendance" or "direct cost of attendance", and removing subsection (e). The net effect of these changes is to narrow the scope of the rule to the calculation of the maximum allowable direct cost of attendance itself, with any compliance-related considerations located in §2.118.
Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state or 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 local governments as a result of enforcing or administering the rules.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarity for institutions of higher education regarding the allowable threshold for what can be charged for a competency-based degree programs offered under the provisions of Texas Education Code, §51.3535. There are no anticipated economic costs to persons who are required to comply with the section as proposed.
Government Growth Impact Statement
(1) the rule will not create or eliminate a government program;
(2) implementation of the rule will not require the creation or elimination of employee positions;
(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rule will not require an increase or decrease in fees paid to the agency;
(5) the rule will not create a new rule;
(6) the rule will not limit an existing rule;
(7) the rule will not change the number of individuals subject to the rule; and
(8) the rule will not affect this state's economy.
Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at FinAid@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, §51.3535, which provides the Coordinating Board with authority to adopt rules regarding certain competency-based baccalaureate degree programs.
The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter G.
§13.130.
(a) Authority. Authority for this section is Texas Education Code, §51.3535, Responsibility of System Administration Regarding Competency-Based Education.
(b) Definitions. In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions) and §13.121 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
(1)
Competency-Based Baccalaureate Degree Program--As defined in §2.3 of this title (relating to Definitions) [A baccalaureate degree program under which academic credit is awarded based solely on a student's attainment of competencies. The term may include a program that is organized around traditional course-based units, including for online or other distance education, that a student must earn for degree completion].
(2)
Total Cost of Attendance [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).
(3) Direct Cost of Attendance--The tuition and fees necessary for completion of the degree program coursework. It includes direct educational costs, books and supplies, and technology and material fees.
(4) [(3)] Medical or Dental Unit--As defined in Texas Education Code, §61.003.
(5) [(4)] University System--As defined in Texas Education Code, §61.003.
(c) Applicability. The provisions of this section apply only to a general academic teaching institution or medical or dental unit associated with a university system in meeting the requirement to offer competency-based baccalaureate degree programs in high-demand fields of study under Texas Education Code, §51.3535.
(d)
Calculation [Maximum Allowable Cost of Attendance]. The Coordinating Board shall annually determine and announce the maximum allowable direct cost of attendance for a competency-based baccalaureate degree program offered under Texas Education Code, §51.3535.
(1) For the 2026 - 2027 academic year, the amount will equal one-half of the average total cost of attendance for resident baccalaureate students at general academic teaching institutions or medical or dental units associated with a university system.
(2) Not later than the final day of January prior to the start of each subsequent fiscal year, the Coordinating Board shall determine and announce the amount for the forthcoming fiscal year, calculated by using the Consumer Price Index for the preceding twelve months, as calculated by the U.S. Bureau of Labor Statistics, to apply an inflationary adjustment to amount announced for the prior fiscal year.
[(e) The cost of attendance of a competency-based baccalaureate degree program offered under Texas Education Code, §51.3535, may not exceed the amount described by subsection (d) of this section for the applicable fiscal year.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 2, 2026.
TRD-202604222
Douglas Brock
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 15, 2026
For further information, please call: (512) 427-6495
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 101. ASSESSMENT
SUBCHAPTER
CC.
DIVISION 1. IMPLEMENTATION OF ASSESSMENT INSTRUMENTS
19 TAC §101.3011The Texas Education Agency (TEA) proposes an amendment to §101.3011, concerning implementation and administration of academic content area assessment instruments. The proposed amendment would remove the English II end-of-course requirement for alternative assessment instruments after the 2026-2027 school year and add a provision allowing for eligible virtual campuses and programs to administer state assessments remotely.
BACKGROUND INFORMATION AND JUSTIFICATION: Senate Bill (SB) 569, 89th Texas Legislature, Regular Session, 2025, repealed Texas Education Code (TEC), Chapter 30A, related to the Texas Virtual School Network; established Texas Education Code (TEC), Chapter 30B, creating a new policy framework for virtual and hybrid education; and provided a transition period for already existing courses, programs, and campuses.
Under TEC, Chapter 30B, school systems may offer virtual and hybrid instruction through a variety of models, including individual courses, programs, or full-time virtual and hybrid campuses. This breadth of options allows districts to align offerings with their instructional goals and operational capacity, whether by starting with targeted courses or implementing comprehensive models such as full-time virtual and hybrid programs and campuses.
The proposed amendment to §101.3011(c) would add the option for authorized virtual campuses and programs to administer state-required assessments remotely.
In addition, TEC, §39.023(c), as amended by House Bill (HB) 8, 89th Texas Legislature, 2nd Called Session, 2025, removed the English II end-of-course assessment from the list of required high school assessments. HB 8 established a new statewide assessment program to be implemented beginning with the 2027-2028 school year. Accordingly, the proposed amendment to §101.3011(b) would specify that the English II end-of-course assessment for students subject to assessment requirements remains in effect only through the 2026-2027 school year. Beginning in the 2027-2028 school year, the English II end-of-course assessment will be discontinued.
FISCAL IMPACT: Iris Tian, deputy commissioner of analytics, assessment and reporting, has determined that for the first five years the proposal is in effect, there are no fiscal implications for local government. While there will be additional costs to state government, these costs will be absorbed by the current budget for state assessments. The proposed amendment implements SB 569, 89th Texas Legislature, Regular Session, 2025, which created a new policy framework for virtual and hybrid education. The proposed amendment would add the option for virtual schools to administer state-required assessments remotely. The estimated cost to TEA to implement remote testing is $105,200 per year during fiscal years 2027-2031.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation by providing an additional option for eligible virtual campuses and programs to administer state-required assessments remotely. The proposed rulemaking would also limit an existing regulation by removing the English II assessment administration requirement after the 2026-2027 school year.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: Ms. Tian 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 provide authorized virtual campuses and programs with the option to test students remotely. Allowing remote testing for authorized virtual schools would improve access to state assessments and increase participation by removing geographic and logistical barriers that can be especially challenging for rural, medically fragile, and economically disadvantaged students and their families. Remote testing also better aligns with how virtual students receive instruction and supports a more efficient and consistent approach to administering assessments statewide. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: TEA requests public comments on the proposal, including, per Texas Government Code, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins October 16, 2026, and ends November 16, 2026. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on October 16, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.
STATUTORY AUTHORITY. The amendment is proposed under TEC, §39.023, as amended by HB 1416, 88th Texas Legislature, Regular Session, 2023; SB 1418, 89th Texas Legislature, Regular Session, 2025; and HB 8, 89th Texas Legislature, 2nd Called Session, 2025, which requires the agency to adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science; and TEC, §39.025, as amended by HB 1416, 88th Texas Legislature, Regular Session, 2023; SB 1418, 89th Texas Legislature, Regular Session, 2025; and HB 8, 89th Texas Legislature, 2nd Called Session, 2025, which requires the commissioner to adopt rules requiring a student in the foundation high school program to be administered an end-of-course assessment instrument.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §39.023 and §39.025, as amended by HB 1416, 88th Texas Legislature, Regular Session, 2023; SB 1418, 89th Texas Legislature, Regular Session, 2025; and HB 8, 89th Texas Legislature, 2nd Called Session, 2025.
§101.3011.
(a)
The Texas Education Agency (TEA) shall administer each assessment instrument under Texas Education Code (TEC), §39.023(a), (b), (c), and (l), in accordance with the rules governing the assessment program set forth in this chapter [Chapter 101 of this title (relating to Assessment)] .
(1) For purposes of federal accountability as allowed by subsection (d) of this section, a Grade 3-8 student shall not be administered a grade-level assessment if the student:
(A) is enrolled in a course or subject intended for students above the student's enrolled grade level and will be administered a grade-level assessment instrument developed under TEC, §39.023(a), that aligns with the curriculum for that course or subject within the same content area; or
(B) is enrolled in a course for high school credit in a subject intended for students above the student's enrolled grade level and will be administered an end-of-course assessment instrument developed under TEC, §39.023(c), that aligns with the curriculum for that course or subject within the same content area.
(2) For purposes of federal accountability as allowed by subsection (d) of this section, a Grade 3-8 student who is accelerated in mathematics, reading/language arts, or science and on schedule to complete the high school end-of-course assessments in that same content area prior to high school shall be assessed at least once in high school with the ACT® or the SAT®.
(3) A student is only eligible to take an assessment instrument intended for use above the student's enrolled grade if the student is on schedule to complete instruction in the entire curriculum for that subject during the semester the assessment is administered.
(4) A student shall be administered the assessments under TEC, §39.023(a), (c), and (l), online as required by TEC, §39.0234, except for a student:
(A) who requires specific accommodations that cannot be provided online as specified in the test administration materials; or
(B) who is enrolled in a school district or open-enrollment charter school that opts to offer paper administrations of assessments to students whose parent, guardian, or teacher in the applicable subject area requests a paper administration of an assessment. Requests for such paper administrations must be submitted to the school district or open-enrollment charter school by the dates indicated in TEC, §39.02342(b). Requests for these paper administrations from a district or charter school may not exceed 3% of eligible students enrolled in the district or charter school who are administered each assessment.
(b)
[The] TEA shall administer alternative assessment instruments under TEC, §39.023(b), that correspond to:
(1)
the assessment instruments required under TEC, §39.023(a); [and]
(2)
the following assessment instruments required under TEC, §39.023(c): English I, [English II ,] Algebra I, biology, and U.S. history; and [.]
(3) the English II end-of-course assessment required under TEC, §39.023(c), for eligible students through the 2026-2027 school year.
(c)
Test administration procedures shall be established by [the] TEA in the applicable test administration materials. A school district, an open-enrollment charter school, or a private school administering the tests required by TEC, Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials. The following entities may administer assessments required under TEC, Chapter 39, Subchapter B, remotely in accordance with procedures specified in the applicable test administration materials:
(1) a full-time virtual campus as defined by TEC, §30B.001(3);
(2) a full-time virtual program as defined by TEC, §30B.001(4); and
(3) a full-time virtual campus of a school district or open-enrollment charter school that in the 2026-2027 school year operates in accordance with TEC, Chapter 30A, as that law existed before the effective date of Senate Bill 569, §15(a), 89th Texas Legislature, Regular Session, 2025.
(d)
In accordance with TEC, §39.023(a)(5), [the] TEA shall administer to students assessments in any other subject and grade required by federal law.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 5, 2026.
TRD-202604235
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: November 15, 2026
For further information, please call: (512) 475-1497
PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 231. REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS
SUBCHAPTER
A.
The State Board for Educator Certification (SBEC) proposes an amendment to 19 Texas Administrative Code (TAC) §231.1, concerning criteria for assignment of public school personnel. The proposed amendment would clarify requirements related to the criteria for school districts to make personnel assignments based on the correlating certification requirements.
BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 231 establish the personnel assignments that correlate with appropriate certifications. Subchapters in this chapter offer guidance to school districts and educators by providing the list of courses by grade level and subject area and identifying the corresponding certificates and other requirements for the placement of individuals into classroom and/or campus assignments. This information assists districts with hiring and personnel assignment decisions. Subchapter A, Criteria for Assignment of Public School Personnel, provides a set of criteria to support district personnel decision-making when assigning public school personnel.
In February 2025, the SBEC adopted revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter F, Special Education-Related Services Personnel Assignments, that updated requirements for placement into special education-related personnel assignments.
The proposed amendment to 19 TAC Chapter 231, Subchapter A, would ensure alignment with Subchapter F.
Subchapter A. Criteria for Assignment of Public School Personnel
§231.1. Criteria for Assignment of Public School Personnel
The proposed amendment to §231.1 would strike subsection (c) to ensure that stakeholders refer to the appropriate sections of the chapter for specific personnel assignment requirements.
FISCAL IMPACT: Jessica McLoughlin, associate commissioner for educator preparation and talent development, has determined that for the first five years of enforcing or administering the rules, the proposal does not have foreseeable implications relating to cost or revenue of state or local governments. There are no additional costs to entities 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 (TGC), §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 TGC, §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 TGC, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.
GOVERNMENT GROWTH IMPACT: Texas Education Agency (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 repeal an existing regulation to align with existing, more specific regulations already in rule.
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 expand or limit 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: Jessica McLoughlin, associate commissioner for educator preparation and talent development, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be aligning the rules with statute and reflecting current procedures. 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 and reporting impact.
ENVIRONMENTAL IMPACT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA staff has determined the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The SBEC requests public comments on the proposal, including, per TGC, §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 16, 2026, and ends November 16, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/laws-and-rules/sbec-rules-tac/proposed-state-board-educator-certification-rules. Comments on the proposal may also be submitted by calling (512) 475-1497. The SBEC will also take registered oral and written comments on the proposal during the December 2026 meeting's public comment period in accordance with the SBEC board operating policies and procedures.
STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires SBEC to propose rules that provide for the regulation of educators and the general administration of TEC, Chapter 21, Subchapter B, in a manner consistent with TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.064, which requires SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.
CROSS REFERENCE TO STATUTE. The amendment implements TEC, §§21.003(a), 21.031(a), 21.041(b)(1) and (2), and 21.064.
§231.1.
(a) A public school employee must have the appropriate credentials for his or her current assignment specified in this chapter and in other rules of the State Board for Educator Certification (SBEC), unless the appropriate permit has been issued under Chapter 230, Subchapter F, of this title (relating to Permits).
(b) The assignment requirements in this chapter apply to the holders of certificates issued on the basis of 1955, 1972, 1984, and 1987 Standards for Teacher Education as well as certificates issued on the basis of standards aligned with the Texas essential knowledge and skills curriculum, adopted by the State Board of Education, as specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).
[(c) An elementary certificate may be appropriate for teaching high school students if the level of instruction is comparable to that in elementary grades. When such an assignment is made, course outlines must be maintained in the school district files.]
(c) [(d)] Professional personnel employed in federally funded programs and innovative programs must have the qualifications and meet the assignment requirements specified in this chapter and in other rules of the SBEC.
(d) [(e)] The assignment requirements in this chapter apply to substitute teachers. If a school district must employ a substitute teacher who is not certified, the district must ensure the individual has the appropriate knowledge and skills to serve in the assignment. A list of the substitute teachers shall be retained in the school district files.
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 October 5, 2026.
TRD-202604240
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Earliest possible date of adoption: November 15, 2026
For further information, please call: (512) 475-1497