Part 2. TEXAS EDUCATION AGENCY
Subchapter AA. COMMISSIONER'S RULES ON SCHOOL FINANCE
The Texas Education Agency (TEA) adopts the repeal of §61.1010, concerning school finance. The repeal is adopted without changes to the proposal as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1051) and will not be republished. The section addresses standards for school district administrative cost ratios. The repeal is necessary due to the repeal of the section's authorizing statute, Texas Education Code (TEC), §42.201.
TEC, §42.201, required the TEA to determine annually administrative cost ratios for school districts, to notify districts of the standards for determining these ratios, to identify districts whose administrative cost ratios exceeded the calculated ratios, and to notify these districts that they must reduce their administrative costs. Statute also required the agency to deduct funds from a district's tier one allotments if the district failed to reduce its administrative costs to the required level. The commissioner exercised rulemaking authority to adopt 19 TAC §61.1010, Standards for School District Administrative Cost Ratios, effective April 20, 1994.
Senate Bill 900, 78th Texas Legislature, Regular Session, 2003, repealed TEC, §42.201, and, therefore, removed the statutory authority for the rule.
The adopted repeal of 19 TAC §61.1010 implements the statutory change.
The TEA has determined that the adopted repeal will have no adverse economic effect for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal began February 8, 2008, and ended March 9, 2008. No public comments were received regarding the proposed repeal.
The repeal is adopted under Senate Bill 900, 78th Texas Legislature, Regular Session, 2003, which repealed the section's authorizing statute, Texas Education Code, §42.201.
The repeal implements Senate Bill 900, 78th Texas Legislature, Regular Session, 2003.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 7, 2008.
TRD-200801825
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: April 27, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 475-1497
Subchapter C. OTHER PROVISIONS
The State Board of Education (SBOE) adopts new §74.35, concerning additional requirements for high school health classes. The new section is adopted without changes to the proposed text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1064) and will not be republished. The adopted new section requires school districts and open-enrollment charter schools to incorporate instruction in parenting awareness into any course meeting a requirement for a health education credit, using the materials approved by the SBOE.
House Bill 2176, 80th Texas Legislature, 2007, added Texas Education Code, §28.002(p), which requires the SBOE, in conjunction with the Office of the Attorney General, to develop a parenting and paternity awareness program that school districts will be required to use in the high school health curriculum. This program must address parenting skills and responsibilities, including child support and other legal rights; and relationship skills, including money management, communication skills, and marriage preparation. In high schools that do not have a family violence prevention program, skills relating to the prevention of family violence must be included.
The adopted new 19 TAC §74.35, Additional Requirements for High School Health Classes, outlines school district and open-enrollment charter school requirements for implementation of this program. The adopted new rule establishes that SBOE-approved materials must be used, specifies that local school health advisory councils must assist in ensuring that local community values are reflected in the district's health instruction, stipulates that school districts may add elements but must include specific areas of instruction, addresses instances where health education credit courses are taken prior to Grade 9, and establishes that the requirements begin with the 2008 - 2009 school year.
The materials for the parenting and paternity awareness program were approved by the SBOE at the January 2008 meeting. These materials will be provided to school districts and open-enrollment charter schools at no charge.
The Texas Education Agency has determined that the adopted amendment will have no adverse economic effect for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
No comments were received regarding the proposed new section.
In accordance with the Texas Education Code, §7.102(f), the SBOE approved this rule action for final adoption by a vote of more than two-thirds of its members to specify an effective date earlier than the beginning of the 2008 - 2009 school year. The earlier effective date will allow adequate time for districts to add necessary elements to the curriculum for health classes. The effective date of the adopted new section is 20 days after filing as adopted.
The new section is adopted under the Texas Education Code, §28.002(p), as added by House Bill 2176, 80th Texas Legislature, 2007, which authorizes the SBOE, in conjunction with the Office of the Attorney General, to develop a parenting and paternity awareness program that a school district shall use in the district's high school health curriculum.
The new section implements the Texas Education Code, §28.002(p).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 7, 2008.
TRD-200801822
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: April 27, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 475-1497
Subchapter BB. COMMISSIONER'S RULES CONCERNING STATE AID ENTITLEMENTS
The Texas Education Agency (TEA) adopts the repeal of §105.1014, concerning state aid entitlements. The repeal is adopted without changes to the proposal as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1067) and will not be republished. The section addresses state reimbursement for electric utility restructuring. The adopted repeal is necessary due to the repeal of the section's authorizing statute, Texas Utilities Code, §39.901, and expiration of the rule.
Texas Utilities Code, §39.901, required the TEA to provide supplemental state aid to school districts experiencing a decline in taxable property values because of electric utility restructuring. The commissioner exercised rulemaking authority to adopt 19 TAC §105.1014, State Reimbursement for Electric Utility Restructuring, effective December 2, 2001.
Senate Bill 1652, 79th Texas Legislature, Regular Session, 2005, repealed Texas Utilities Code, §39.901, and, therefore, removed the statutory authority for the rule. In addition, 19 TAC §105.1014(c) specifies an expiration date of August 31, 2007, for the section.
The adopted repeal of 19 TAC §105.1014 implements the statutory change and removes an expired rule.
The TEA has determined that the adopted repeal will have no adverse economic effect for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal began February 8, 2008, and ended March 9, 2008. No public comments were received regarding the proposed repeal.
The repeal is adopted under Senate Bill 1652, 79th Texas Legislature, Regular Session, 2005, which repealed the section's authorizing statute, Texas Utilities Code, §39.901.
The repeal implements Senate Bill 1652, 79th Texas Legislature, Regular Session, 2005.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 7, 2008.
TRD-200801826
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: April 27, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 475-1497
Subchapter B. STUDENT ATTENDANCE ACCOUNTING
The State Board of Education (SBOE) adopts the repeal of §129.22, concerning court-related students. The repeal is adopted without changes to the proposed text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1067) and will not be republished. The section establishes provisions relating to absences for specific students. The adopted repeal is necessary to reflect statutory changes resulting from House Bill (HB) 2455, 80th Texas Legislature, 2007.
HB 2455, 80th Texas Legislature, 2007, amended the TEC, §25.087, authorizing excused absences for required court appearances. The amended statute allows such an absence to be counted as a day of compulsory attendance and counted in average daily attendance.
Section 129.22, Court-Related Students, addresses excused absences for students referred to a juvenile court for delinquent conduct or conduct indicating a need for supervision and students referred to the Texas Department of Human Services or a county or local welfare unit for abuse or neglect. This section is repealed because the TEC, §25.087, as amended by HB 2455, 80th Texas Legislature, 2007, provides the statutory authority for excused absences for court-related appearances by students.
The adopted repeal of 19 TAC §129.22 eliminates the potential for conflict with statute regarding court appearances by students.
The Texas Education Agency has determined that the adopted repeal will have no adverse economic effect for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
No comments were received regarding the proposed repeal.
In accordance with the Texas Education Code, §7.102(f), the SBOE approved this rule action for final adoption by a vote of more than two-thirds of its members to specify an effective date earlier than the beginning of the 2008-2009 school year. The earlier effective date is necessary to eliminate duplicate provisions for excused absences in a timely manner to avoid potential conflicts. The effective date of the adopted repeal is 20 days after filing as adopted.
The repeal is adopted under HB 2455, 80th Texas Legislature, 2007, which amended the TEC, §25.087, to address student absences for required court appearances. Therefore, the repeal of 19 TAC §129.22 is necessary to eliminate the potential for conflict with statute.
The repeal implements HB 2455, 80th Texas Legislature, 2007, and Texas Education Code, §25.087.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 7, 2008.
TRD-200801823
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: April 27, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 475-1497
The Texas Education Agency (TEA) adopts an amendment to §129.1025, concerning student attendance accounting. The amendment is adopted without changes to the proposed text or handbook as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1068) and will not be republished. The section adopts by reference the annual student attendance accounting handbook. The handbook provides student attendance accounting rules for school districts and charter schools. The adopted amendment adopts by reference the 2007-2008 Student Attendance Accounting Handbook.
Legal counsel with the TEA has recommended that the procedures contained in each annual student attendance accounting handbook be adopted as part of the Texas Administrative Code. This decision was made in 2000 as a result of a court decision challenging state agency decision making via administrative letters/publications. Given the statewide application of the attendance accounting rules and the existence of sufficient statutory authority for the commissioner of education to adopt by reference the student attendance accounting handbook, staff proceeded with formal adoption of rules in this area. The intention is to annually update the rule to refer to the most recently published student attendance accounting handbook.
Each annual student attendance accounting handbook provides school districts and charter schools with the Foundation School Program (FSP) eligibility requirements of all students, prescribes the minimum requirements of all student attendance accounting systems, lists the documentation requirements for attendance audit purposes, specifies the minimum standards for systems that are entirely functional without the use of paper, and details the responsibilities of all district personnel involved in student attendance accounting. The TEA distributes FSP resources under the procedures specified in each current student attendance accounting handbook. The final version of the student attendance accounting handbook is published on the TEA website each June/July. A supplement, if necessary, is also published on the TEA website.
The adopted amendment to 19 TAC §129.1025 adopts by reference the student attendance accounting handbook for the 2007-2008 school year. Data from previous school years will continue to be subject to the student attendance accounting handbook as the handbook existed in those years.
Significant changes to the 2007-2008 Student Attendance Accounting Handbook include the addition of information relating to the following sections.
In section 3, on general attendance requirements, information relating to the following has been added: (1) students ages 21 to 25 are eligible for state funding if they are attempting to complete requirements for a high school diploma; (2) absences for court appearances are excused absences; (3) absences for students playing taps at a veteran's funeral are excused absences; and (4) the board of trustees of a school district may adopt a policy requiring a student who voluntarily enrolls or attends school after his or her 18th birthday to attend until the end of the school year.
In section 5, on career and technical education, information relating to the following has been added: school districts must offer three or more programs of study in at least three different clusters to be eligible for career and technology funding.
In section 6, on bilingual/English as a second language (ESL) education, information relating to the following has been added: (1) limited English proficient students will be provided instruction in mathematics, science, health, and social studies both in their home language and in English; (2) students may be served in an approved program under an exception to the Spanish bilingual program for six consecutive years and under an exception to the ESL program for one year; (3) students may be served in an approved bilingual program in a language other than Spanish for as long the State Board for Educator Certification does not have a certificate for that language; (4) bilingual education or ESL program eligible days present may not be claimed when students in these programs are placed in disciplinary settings for more then five consecutive days if the same type of bilingual or ESL program services are not provided; and (5) students may earn state credit for English for Speakers of Other Languages.
In section 7, on prekindergarten, information relating to the following has been added: children who are or ever have been in foster care are eligible for prekindergarten attendance.
In section 9, on pregnancy related services (PRS), information relating to the following has been added: (1) students receiving PRS and returning to campus on a temporary, limited basis to take the TAKS test can be credited with receiving a maximum of one hour of PRS compensatory education home instruction (CEHI) for each day they are on campus and involved in TAKS testing; (2) students receiving PRS and provided the TAKS test in the home can be credited with receiving a maximum of one hour of PRS CEHI for each day they test at home; (3) students receiving PRS and receiving TAKS tutoring, taking practice tests, etc., cannot be credited for CEHI; and (4) students receiving PRS must have a doctor's approval to be involved in TAKS testing on campus.
In section 10, on nontraditional schools, information relating to the following has been added: (1) students who are 21 years of age or older and are admitted for the purpose of completing the requirements of a high school diploma are not eligible for placement in a disciplinary alternative education program (DAEP) or juvenile justice alternative education program (JJAEP), but will have their admission revoked for conduct that would require or authorize placement in a DAEP or JJAEP for a student under the age of 21; (2) the commissioner of education can waive certain requirements established by state law or the State Board of Education if it directly benefits the students' education, except as provided in the provisions of TEC, §7.056(e) and (f), regarding criminal misconduct or restrictions imposed by state or federal law; (3) an alternative campus for at-risk students must serve pre- and post-adjudicated students, homeless students, or students who previously resided or currently reside in a residential placement facility in the district; (4) school districts must adopt consistent procedures for determining serious or persistent misbehavior violating the student code of conduct for students in an alternative education program; (5) each school district that is in a county with a population greater than 125,000 and the county's juvenile board shall annually enter into a joint memorandum of understanding (MOU); and (6) academically, the mission of a JJAEP shall be to enable students to perform at grade level.
In addition to changes related to these requirements and allowances, a new section on nontraditional programs has been included in the handbook to provide student attendance guidelines for the High School Equivalency Program and the Optional Flexible School Day Program.
The TEA has determined that the adopted amendment will have no adverse economic effect for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal began February 8, 2008, and ended March 9, 2008. No public comments were received on the proposed amendment.
The amendment is adopted under the Texas Education Code, §42.004, which authorizes the commissioner of education, in accordance with rules of the State Board of Education, to take such action and require such reports consistent with Texas Education Code, Chapter 42, as may be necessary to implement and administer the Foundation School Program.
The amendment implements the Texas Education Code, §42.004.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 7, 2008.
TRD-200801827
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: April 27, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 475-1497
Subchapter D. INDEPENDENT HEARING EXAMINERS
The State Board of Education (SBOE) adopts an amendment to §157.41, concerning independent hearing examiners. The new section is adopted without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1220) and will not be republished. The section establishes certification criteria for independent hearing examiners. The adopted amendment requires that independent hearing examiners submit fingerprints for the purpose of obtaining criminal history reports and updates the continuing education requirements.
Section 157.41 specifies certification criteria such as license required, experience, continuing education, and annual recertification for independent hearing examiners. The examiners preside over due process hearings involving terminations, suspensions without pay, and nonrenewal of term employment contracts. The examiners also develop findings of fact and conclusions of law, which are referred to the school district board of trustees. The board of trustees reviews and votes on recommendations.
The enactment of Senate Bill 9, 80th Texas Legislature, 2007, establishes a program for obtaining the criminal histories of individuals who come into close proximity to students. The amendment to 19 TAC §157.41, Certification Criteria for Independent Hearing Examiners, is adopted in subsection (c) to notify independent hearing examiners that they will be required to provide criminal history in a manner specified by the commissioner of education. Criminal histories are now most often obtained through the submission of fingerprints. In addition, the adopted amendment specifies the subject areas in subsection (f) that satisfy the continuing legal education requirement in civil trial advocacy to ensure that the examiners receive training in evidence, civil procedure, and legal writing. This responds to concerns expressed about the skills of some independent hearing examiners in conducting hearings.
Subsequent to the January 2008 SBOE meeting, notice of the proposed amendment to 19 TAC §157.41 was filed with the Texas Register , initiating the official public comment period. The proposal was also provided to the State Office of Administrative Hearings (SOAH), as required by the TEC, 21.252. Following is a summary of the comment received and corresponding SBOE response regarding the proposed amendment.
Comment. The SOAH chief administrative law judge commented in favor of the proposal.
Response. The SBOE agrees.
No other comments were received regarding the proposed amendment.
In accordance with the Texas Education Code, §7.102(f), the SBOE approved this rule action for final adoption by a vote of more than two-thirds of its members to specify an effective date earlier than the beginning of the 2008-2009 school year. The earlier effective date is necessary to implement the latest policy in a timely manner. The effective date of the adopted amendment is 20 days after filing as adopted.
The amendment is adopted under the Texas Education Code, §21.252(a), which requires the SBOE by rule to establish criteria for the certification of independent hearing examiners.
The amendment implements the Texas Education Code, §21.252(a).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 7, 2008.
TRD-200801824
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: April 27, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 475-1497