Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 53. Regional Education Service Centers The Texas Education Agency adopts amendments to sec.sec.53.2, 53.3, and 53. 21- 53.25 concerning regional education service centers, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6356). The Texas Performance Review conducted by the Office of the Comptroller in the spring of 1991 and most recently, the Texas Education Agency Reorganization Advisory Committee Report, have recommended that the role of the education service centers by expanded and that the centers take on a greater responsibility for the delivery of technical assistance to schools. The studies also recommended that the commissioner of education provide greater direction in the operations and services of the center. The intent of the proposed amendment is to amendments is to implement the recommendations of the studies. Justification for the amendments will be the implementation of recommendations to expand the role of the regional education service centers to take on greater responsibility for the delivery of technical assistance to schools, and to provide the commissioner of education with greater direction in the operation of the centers. The amendments will function by changing the procedure the centers follow in selecting executive directors; add an annual performance review of each executive director; and add an annual review of the operating budget for each center. No comments were received regarding adoption of the amendments. Subchapter A. Authorization 19 TAC sec.53.2, sec.53.3 The amendments are adopted under the Texas Education Code, sec.11.32(a), which provides the State Board of Education with the authority to establish rule and regulations for the operation of regional education service center. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201027 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Administration and Operation 19 TAC sec.sec.53.21-53.25 The amendments are adopted under the Texas Education Code, sec.11.32(a), which provides the State Board of Education with the authority to establish rule and regulations for the operation of regional education service center. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201028 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 89. Adaptions for Special Populations Subchapter G. Special Education Clarification of Provisions in Federal Regulations and State Law 19 TAC sec.89.243 The Texas Education Agency (TEA) adopts repeal of sec.89.243 concerning adaptations for special populations, without changes to the proposed text as published in the August 16, 1991, issue of the Texas Register (16 TexReg 4446). The section is being repealed because Senate Bill 417, 71st Legislature, requires a new memorandum of understanding between the agency and the Texas Department of Human Services concerning educational space and educationally related services for school-age residents of intermediate care facilities for the mentally retarded. Justification for the repeal will be the implementation of legislation included in Senate Bill 417, 71st Legislature, regarding educational space and services for school-age residents in ICF-MR facilities. The repeal will function by maximizing federal reimbursement for educational space provided by ICF's; clarifying responsibility for the provision of educational space, car/treatment, and educationally related services; and enhancing coordination to prevent the duplication of services. No comments were receive regarding adoption of the repeal. The repeal is adopted under the Texas Education Code, sec.21.508, as amended by Senate Bill 417, 71st Legislature, which provides the Central Education Agency with the authority to develop a memorandum of understanding with the Texas Department of Human Services for the provision of classrooms and educationally related therapy for students residing in ICF-MR facilities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201029 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.89.243, concerning special education, the proposed text as published in the August 16, 1991, issue of the Texas Register (16 TexReg 4446). The new section implements the requirements of Senate Bill 417, 71st Legislature, for a memorandum of understanding between the agency and the Texas Department of Human Services concerning educational space and educationally related services for school-age residents of intermediate care facilities for the mentally retarded. The repeal of the previous memorandum of understanding was proposed in the August 16, 1991, issue of the Texas Register (16 TexReg 4446). Justification for the new sections will be the implementation of legislation included in Senate Bill 415, 71st Legislature, regarding educational space and services for school-age residents in ICF-MR facilities. The new section will function by maximizing federal reimbursement for educational space provided by ICF's; clarifying responsibilities for the provision of educational space, care/treatment, and educationally related services; and enhancing coordination to prevent the duplication of services. Comments were received regarding adoption of the new section from Advocacy, Inc. The comments recommended that certain relevant federal regulations and board rules cited within the proposed rule be restated within the text of the rule. The Administrative Procedure and Texas Register Act, sec.6(c), as well as rules adopted by the Office of the Secretary of State prevent repeating legislative statutes in board rules. However, copies of these regulations and rule will be distributed upon final adoption of the proposed rule to school districts and intermediate care facilities. Further, the agency and the Texas Department of Human Services plan to provide training to staff within the regional level of both agencies regarding implementation of the rule with attention to the application of the referenced regulations and rule. The new section is adopted under the Texas Education Code, sec.21.508, as amended by Senate Bill 417, 71st Legislature, which provides the Central Education Agency with the authority to develop a memorandum of understanding with the Texas Department of Human Services for the provision of classrooms and educationally related therapy for students residing in ICF-MR facilities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201032 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter H. Other Provisions 19 TAC sec.89.301 The Texas Education Agency (TEA) adopts new sec.89.301 concerning adaptations for special populations, without changes to the proposed text as published in the August 26, 1991, issue of the Texas Register (16 TexReg 6844). The Code of Criminal Procedure, Article 42.18, sec.21, enacted by the 71st Legislature, requires the Texas Department of Criminal Justice Pardons and Parole Division and the Central Education Agency to develop and adopt by rule, a memorandum of understanding that clearly identifies collaborative and individual responsibilities of each agency for the provision of educational services; ensure that the rules adopted by both agencies pursuant to the memorandum of understanding are in accordance with statutory mandate and the governing rules of each agency; and establishes procedures for ensuring that information affecting educational program activities and mandatory requirements by both agencies is shared between the agencies. Justification for the new section will be in implementation of legislation enacted by the 71st Legislature, regarding a memorandum of understanding that clearly identifies collaborative and individual responsibilities of each agency for the provision of educational services to parolees. The new section will function by identifying collaborative and individual responsibilities of each agency for the provision of educational services to parolees, and establishing procedures for ensuring that information affected educational program activities and mandatory requirements by both agencies is shared between the agencies. No comments were receive regarding adoption of the new section. The new section is adopted under the Texas Code of Criminal Procedure, Article 42.18, sec.21, enacted by the 71st Legislature, which provides the Texas Department of Criminal Justice Pardons and Parole Division and the Central Education Agency with the authority to develop and adopt by rule, a memorandum of understanding that defines respective responsibilities in literacy of inmates released from prison on parole and mandatory supervision. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201031 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 105. Foundation School Program The Texas Education Agency (TEA) adopts the repeal of sec. sec.105.11, 105. 21- 105.27, 105.49, 105.71, 105.72, 105.92, 105.171, 105.210, 105.252-105.255, 105.291, 105.292, 105.331, 105.391, 105.392, and 105.461-105.469 concerning tax collections without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6358). Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to consider all rules affected by this provision so that any rules adopted on these matters must occur under the new rule-making relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 105 have been reviewed by the board and are being repealed. A new Chapter 105 is being adopted in a separate submission. Justification for the repeals will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The repeals will function by establishing a clearer more concise statement of the agency's rule authority. No comments were received regarding adoption of the repeals. Subchapter A. Tax Collections 19 TAC sec.105.11 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201033 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Average Daily Attendance 19 TAC sec.sec.105.21-105.27 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201034 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Allocation of Funds for Windham Independent School District 19 TAC sec.105.49 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201035 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter D. School Year 19 TAC sec.105.71, 105.72 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201036 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter E. Salary Schedule 19 TAC sec.105.92 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201037 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter I. County Available School Funds 19 TAC sec.105.171 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201038 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter K. Distribution of Foundation School Fund 19 TAC sec.105.210 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201039 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter M. State Minimum Sick Leave 19 TAC sec.sec.105.252-105.255 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201040 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter O. State Allocations to Regional Education Service Centers 19 TAC sec.105.291, 105.292 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201041 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter Q. Adjustments of Payments 19 TAC sec.105.331 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201042 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter T. Requirements for Program Participation 19 TAC sec.105.391, sec.105.392 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201043 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter W. Price Differential Index 19 TAC sec.sec.105.461-105.469 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201044 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.105.11 and sec.105. 31 concerning definitions without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6361). Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rule-making relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 105 have been reviewed by the board and are being repealed in a separate submission. Justification for the new sections will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The new sections will function by establishing a clearer more concise statement of the agency's rule authority. No comments were received regarding adoption of the new sections. Subchapter A. Definitions 19 TAC sec.105.11 The new section is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201004 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. School Year 19 TAC sec.105.31 The new section is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201005 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 109. Budgeting, Accounting, and Auditing The Texas Education Agency adopts the repeal of sec.sec.109.1, 109.21-109.25, 109.41-109.44, and 109.61, concerning budgeting, accounting, and auditing, with changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6362). Senate Bill, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 109 have been reviewed by the board and are being repealed. A new Chapter 109 is being adopted in a separate submission. Justification for the repeals will be in compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The repeals will function by establishing a clearer, more concise statement of the agency's rule authority. No comments were receive regarding adoption of the repeals. Subchapter A. Budgeting, Accounting, Financial Reporting, and Auditing for School Districts 19 TAC sec.109.1 The repeal is adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201006 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Central Education Agency Audit Functions 19 TAC sec.sec.109.21-109.25 The repeals are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201007 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Advisory Committee for Budgeting, Accounting, and Auditing 19 TAC sec.sec.109.41-109.44 The repeals are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201008 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter D. Adoptions by Reference 19 TAC sec.109.61 The repeals are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201009 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts amendments to sec. sec.109.1, 109.21- 109. 24, 109.41-109.44, and 109.61, concerning budgeting, accounting, and auditing, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6365). Senate Bill, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 109 have been reviewed by the board and are being repealed in a separate submission. Justification for the new sections will be in compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The new sections will function by establishing a clearer, more concise statement of the agency's rule authority. No comments were receive regarding adoption of the new sections. Subchapter A. Budgeting, Accounting, Financial Reporting, and Auditing for School Districts 19 TAC sec.109.1 The new section is adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201023 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Central Education Agency Audit Functions 19 TAC sec.sec.109.21-109.24 The new sections are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201024 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Advisory Committee for Budgeting, Accounting and Auditing 19 TAC sec.sec.109.41-109.44 The new sections are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201025 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter D. Adoptions by Reference 19 TAC sec.109.61 The new section is adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201026 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 113. Federal Funds to Support Public Education in Texas The Texas Education Agency (TEA) adopts repeal of sec. sec.113.1, 113.21, and 113.41-113.45, concerning federal funds to support public education in Texas, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6364). Senate Bill, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 109 have been reviewed by the board and are being repealed. A new Chapter 109 is being adopted in a separate submission. Justification for the repeals will be in compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The repeals will function by establishing a clearer, more concise statement of the agency's rule authority. No comments were receive regarding adoption of the repeals. Subchapter A. Federal Funds for Local Education Agencies 19 TAC sec.113.1 The repeals are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201013 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Federal Funds for the Texas Education Agency 19 TAC sec.113.21 The repeal is are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201014 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Complaint Procedures for Federal Programs 19 TAC sec.sec.113.41-113.45 The repeals are adopted under the Texas Education Code, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administration Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201015 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.sec.113.1, 113.21, 113.22, 113. 31, and 113.32, concerning federal funds to support public education in Texas, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6356). Senate Bill, 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 113 have been reviewed by the board and are being repealed. Justification for the new sections will be the compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The new section will function by establishing a clearer, more concise statement of the agency' rules authority. No comments were received regarding adoption of the new sections. Subchapter A. Federal Funds for Local Education Agencies 19 TAC sec.113.1 The new section is adopted under the Senate Bill, 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other then portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201010 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Complaint Procedures for Federal Programs 19 TAC sec.113.21, sec.113.22 The new sections are adopted under the Senate Bill, 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other then portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201011 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Hearings Procedures for Federal Programs 19 TAC sec.113.31, sec.113.32 The new sections are adopted under the Senate Bill, 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other then portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201012 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 121. Public School Finance-Personnel The Texas Education Agency (TEA) adopts the repeal of sec. sec.121.1, 121.11- 121. 16, and 121.31-121.35, concerning public school finance-personnel, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6366). Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 121 have been reviewed by the board and are being repealed. A new Chapter 121 is being proposed in a separate submission. Justification for the repeals will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provisions. The repeals will function by establishing a clearer more concise statement of the agency's rule authority. No comments were received regarding adoption of the repeals. Subchapter A. General Provisions 19 TAC sec.121.1 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201020 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Personnel Records 19 TAC sec.sec.121.11-121.16 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201021 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Years of Service for Salary Increment Purposes 19 TAC sec.sec.121.31-121.35 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201022 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.sec.121.1, 121. 11-121.14, 121.31-121.35, 121.41, and 121.42, concerning public school finance-personnel, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6367). Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 121 have been reviewed by the board and are being repealed in a separate submission. Justification for the new sections will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The new sections will function by establishing a clearer more concise statement of the agency's rule authority. No comments were received regarding adoption of the new sections. Subchapter A. General Provisions 19 TAC sec.121.1 new section is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201016 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Personnel Records 19 TAC sec.sec.121.11-121.14 The new sections are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201017 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Years of Service for Salary Increment Purposes 19 TAC sec.sec.121.31-121.35 The new sections are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201018 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter D. Salary Schedule 19 TAC sec.121.41, sec.121.42 The new sections are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201019 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 125. Central Education Agency Fund Allocations, Contracts, and Agreements The Texas Education Agency (TEA) adopts the repeal of sec. sec.125.1-125.3, 125. 21-125.23, 125.41, 125.42, 125.81, and 125.82, concerning central education agency fund allocations, contracts, and agreements, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6373). Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 125 have been reviewed by the board and are being repealed. Justification for the repeals will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provisions. The repeals will function by establishing a clearer, more concise statement of the agency's rule authority. No comments were received regarding adoption of the repeals. Subchapter A. Interagency Contracts 19 TAC sec.sec.125.1-125.3 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200992 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Contracts for Direct Services to the Central Education Agency 19 TAC sec.sec.125.21-125.23 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200993 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter C. Funds Subcontracted for Public Education 19 TAC sec.sec.125.41-125.42 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200994 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter E. State Board of Education Responsibility for Review and Approval of Fund Allocations 19 TAC sec.125.81, sec.125.82 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200995 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 129. Student Attendance The Texas Education Agency (TEA) adopts the repeal of sec. sec.129.1-129.3, 129. 21, 129.41, 129.61, and 129.62, concerning student attendance, without changes to the proposed text as published in the November 12, 1991, issue of the Texas Register (16 TexReg 6533). Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 129 have been reviewed by the board and are being repealed. A new Chapter 129 was proposed in the November 12, 1991, issue of the Texas Register (16 TexReg 6534). Justification for the repeals will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The repeals will function by establishing a clearer, more concise statement of the agency's rule authority. No comments were received regarding adoption of the repeals. Subchapter A. Student Attendance Allowed 19 TAC sec.sec.129.1-129.3 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rule, other than portions of Chapter 73, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200996 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 463-9701 Subchapter B. Compulsory Student Attendance 19 TAC sec.129.21 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rule, other than portions of Chapter 73, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200998 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 463-9701 Subchapter C. Permissive Pupil Attendance 19 TAC sec.129.41 The repeal is adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rule, other than portions of Chapter 73, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200999 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 463-9701 Subchapter D. Student Attendance Accounting 19 TAC sec.129.61, sec.129.62 The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rule, other than portions of Chapter 73, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201000 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.sec.129.1, 129.21, and 129.22, concerning student attendance, without changes to the proposed text as published in the November 12, 1991, issue of the Texas Register (16 TexReg 6534). Senate Bill, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 129 have been reviewed by the board and are being repealed in a separate submission. Justification for the new sections will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The new sections will function by establishing a clearer, more concise statement of the agency's rule authority. No comments were received regarding adoption of the new sections. Subchapter A. Student Attendance Allowed 19 TAC sec.129.1 The new section is adopted under the Texas Education Code, sec.11.32(a), which provides the State Board of Education with the authority to establish rule and regulations for the operation of regional education service center. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201001 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Subchapter B. Student Attendance Accounting 19 TAC sec.129.21, sec.129.22 The new sections are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rule, other than portions of Chapter 73, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201003 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 463-9701 Subchapter AA. Commissioner's Rules 19 TAC sec.129.1021 The Texas Education Agency (TEA) adopts the repeal of sec.129.1021, concerning student attendance, without changes to the proposed text as published in November 15, 1991, issue of the Texas Register (16 TexReg 6629). Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. Justification for the repeal will be compliance with legislation in Senate Bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The repeal will function by establishing a clearer, more concise statement of the agency's rule authority. No comments were received regarding adoption of the repeal. The repeals are adopted under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rule, other than portions of Chapter 73, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9200997 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.129.1021, concerning student attendance, without changes to the proposed text as published in the November 15, 1991, issue of the Texas Register (16 TexReg 6629). Senate Bill, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. The sections has been reviewed and is being repealed in a separate submission. Justification for the new section will be compliance with legislation in Senate bill 1, 71st Legislature, requiring the review of all rules affected by this provision. The new section will function by establishing a clearer, more concise statement of the agency's rule authority No comments were received regarding adoption of the new section. The new section is adopted Senate Bill 1, sec.2.25, passed by the 71st Legisalture, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201002 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 Chapter 141. Teacher Certification Subchapter L. Certification for Special Services Positions 19 TAC sec.141.250 The Texas Education Agency (TEA) adopts new sec.sec.141.250, concerning teacher certification, without changes to the proposed text as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6845). The section implements statutory requirements which call for the State Board of Education by rule to provide for substitution of management training for part of the qualification for certification as mid-management administrator. The new section was originally proposed in the October 4, 1991, issue of the Texas Register (16 TexReg 5459), however, the proposal was withdrawn and reproposed because it was the opinion of staff that the recommendation for the substituting of instructional leadership and teacher appraisal training was appropriate in part, but not sufficient to meet the statutory intent of the Texas Education Code, sec.13.352(d), "so that an outstanding teacher may qualify by substituting approved experience and training for part of the educational requirements." Justification for the new section will be the implementation of statutory of statutory requirements that call for the State Board of Education by rule to provide for substitution of management training for part of the qualifications for certification as mid-management administrator. The new section will function by implementing policies that allow individuals who have previously completed instructional leadership training and teacher appraisal training to substitute those skills for commensurate portions of educational training requirements in the university programs for the Mid- Management Administrator certificate. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Education Code, sec.13.353(d), which provides the State Board of Education with the authority to adopt rules to provide for substituting management training or experience for part of the qualifications for certification as a principal or superintendent. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 15, 1992. TRD-9201030 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: February 12, 1992 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-9701 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 367. Agricultural Water Conservation Program Agricultural Water Conservation Loan Program 31 TAC sec.sec.367.70-367.79 The Texas Water Development Board (the board) adopts new 31 TAC sec.sec.367. 70- 367.79, concerning general application procedures for water conservation loans, without changes to the proposed text as published in the December 6, 1991, issue of the Texas Register (16 TexReg 6994). The new sections implement the board's agricultural water conservation loan program (the program). The program allows the board or lender districts to make conservation loans for capital equipment or materials, labor preparation costs, and installation costs to improve water use efficiency of water delivery and application on existing irrigation systems, for preparing irrigated land to be converted to dryland conditions or for preparing dryland for more efficient use of natural precipitation. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Water Code, sec.6.101, and sec.17. 903, which requires the board to adopt rules necessary to carry out the powers and duties of the board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 22, 1991. TRD-9201126 Gail Allan Assistant General Counsel Texas Water Development Board Effective date: February 14, 1992 Proposal publication date: December 6, 1991 For further information, please call: (512) 463-7981 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 13. Controlled Substances and Precursor/Apparatus Rules and Regulations Subchapter A. General Provisions 37 TAC sec.13.1 The Texas Department of Public Safety adopts an amendment to sec.13.1, concerning general information, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7459). The adoption of these amendments are necessary for clarification on the part of practitioners as to who is eligible for designation as their agent. Amendments to this section adds new paragraph (5) and (45) with definitions for a concurring practitioner and registration. Other paragraphs are renumbered accordingly. Paragraph 44 is amended by adding language that requires a registrant to have a current valid registration and deleting reference to sec.481. 063 of the Act. No comments were received regarding adoption of the amendment. The amendment is adopted under the Health and Safety Code, sec.481.064, which provides the Texas Department of Public Safety with the authority to promulgate rules and regulations to administer the provisions of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 22, 1992. TRD-9201076 James R. Wilson Director Texas Department of Public Safety Effective date: February 13, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 465-2000 Subchapter B. Registration 37 TAC sec.13.15, sec.13.29 The Texas Department of Public Safety adopts an amendment to sec.13.15 and new sec.13.29, concerning registration. Section 13.29 is adopted with changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7462). sec.13.15 is adopted without changes and will not be republished. The adoption of this amendment and new section is necessary to ensure the public that only authorized persons by statute may transmit a practitioner's instructions to a pharmacist to dispense a controlled substance. Section 13.15(1) is amended to include designated agent or a person not needing to register and can lawfully possess controlled substances under the Texas Controlled Substances Act. New sec.13.29 entitled agent or designated agent is adopted to specify the qualifications that a person so designated is required to meet. Also, a designating practitioner shall maintain and disseminate a current list of designated agents. The word "investigation" in subsection (e) is changed to read as "investigator." The amendments are adopted under the Health and Safety Code, sec.481.064 which provides the Texas Department of Public Safety with the authority to promulgate rules and regulations to administer the provisions of this Act. sec.13.29. Agent or Designated Agent. (a) A practitioner may not designate as an agent another practitioner who is not a registrant. (b) A designated agent must be: (1) a registered nurse licensed in this state; (2) a vocational nurse licensed in this state; (3) a physician assistant licensed in this state; or (4) an employee located in the designating practitioners office who is a member of the health care staff of the office. (c) A designating practitioner shall maintain in the practitioner's usual place of business a current written list of persons designated as agents. (d) Each time a person is added to or deleted from the list, a practitioner shall provide the current list to all pharmacists who have requested such a list. (e) Upon request of an investigator listed in the Health and Safety Code, sec.481.073(a), a practitioner shall make the current designated agent list available to the investigator. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 22, 1992. TRD-9201077 James R. Wilson Director Texas Department of Public Safety Effective date: February 13, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 465-2000 Subchapter C. Security 37 TAC sec.13.43 The Texas Department of Public Safety adopts an amendment to sec.13.43, concerning minimum security controls for all other registrants, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7462). The adoption of this amendment is necessary to ensure controlled substance are not diverted into the illicit market. The amendment adds subsection (d) which refers to the penalty for failure to maintain strict security and proper accountability of all controlled substances. No comments were received regarding adoption of the amendment. The amendment is adopted under the Health and Safety Code, sec.481.064, which provides the Texas Department of Public Safety with the authority to promulgate rules and regulations to administer the provisions of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 22, 1992. TRD-9201078 James R. Wilson Director Texas Department of Public Safety Effective date: February 13, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 465-2000 Subchapter D. Record Keeping 37 TAC sec.13.66 The Texas Department of Public Safety adopts an amendment to sec.13.66, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7463). The adoption of this amendment will provide an increase time limit up to seven days in which to get a Schedule II controlled substance prescription filled. Subsection (g)(3) is amended by revising the time period from the second to the seventh day after the date of issuance of a prescription for which a Schedule II controlled substance may be obtained. Amendment to subsection (j)(1) corrects previous typographical error. No comments were received regarding adoption of the amendment. The amendment is adopted under the Health and Safety Code, sec.481.064, which provides the Texas Department of Public Safety with the authority to promulgate rules and regulations to administer the provisions of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 22, 1992. TRD-9201079 James R. Wilson Director Texas Department of Public Safety Effective date: February 13, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 465-2000 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department Human Services Chapter 10. Family Self-Support Services Child Care Management Services-Statewide Implementation 40 TAC sec.sec.10.3419, 10.3423, 10.3465 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.10. 3419, 10.3423, and 10.3465. Section 10.3423 is adopted with changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7169). Section 10.3419 and sec.10.3465 are adopted without changes and will not be republished. The justification for the amendments is an extension of JOBS child care services to AFDC recipients in non-JOBS counties. The amendments will function by extending JOBS child care services to AFDC recipients, in non-JOBS counties, who are participating in approved self- initiated education and training activities. Although no public comments were received regarding adoption of the amendments, the department has reworded sec.10.3423 to omit an obsolete requirement and clarify procedure. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. sec.10.3423. Time Limits for Education or Training Related Child Care. (a) The Texas Department of Human Services (DHS) limits the time a parent is permitted to receive child care related to education or training as follows. (1) Parents participating in a job opportunities and basic skills training (JOBS) case plan receive education and training related child care until their JOBS case is closed. (2) Parents in non-JOBS counties who are participating in approved self- initiated education or training that meets JOBS criteria are eligible to receive JOBS child care until their participation ends. (3) Parents not eligible for JOBS child care receive education and training related child care until they have completed one of the following: (A)-(C) (No change.) (b) Exceptions to requirements in subsection (a) of this section are granted through the waiver process according to the Texas Department of Human Services (DHS) handbook that addresses the purchase of child care services. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 27, 1992. TRD-9201193 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 450-3765 40 TAC sec.sec.10.3412-10.3414, 10.3462-10.3464 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.10. 3412-10.3414 and sec.sec.10.3462-10.3464, concerning family self-support services. Sections 10.3413, 10.3414, and 10.3462 are adopted with changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7168). Sections 10.3412, 10.3463, and 10.3464 are adopted without changes and will not be republished. The justification for the amendments is that more families will be eligible for child care services and procedures for receiving CCDBG-funded child care will be clearer. The amendment to sec.10.3412 will function by clarifying the age limit for children who are mentally or physically handicapped to receive child care services, and the amendments to sec. sec.10.3413, 10.3463, and 10.3464 will function by extending child care services to families for one year after the family income exceeds 150% of the federal poverty income limit (FPIL), provided the family income remains below 185% of the FPIL. In addition, the amendment to sec.10.3462 will function by changing the eligibility categories to include AFDC clients in self-initiated education and training and former Child Protective Services clients and removing the refugee program as a funding source for child care services. The amendment to sec.10.3414 will function by clarifying the procedure for Child Care Management Services (CCMS) contractors to apply for waivers from DHS to allow eligible families to receive child care funded through the child care and development block grant (CCDBG). Although no comments were received regarding adoption of the amendments, the department has made the following changes. Section 10.3413 has been reworded to clarify the intent. Section 10.3414 has been changed to add General Revenue to the list of funds requiring a waiver for release. Section 10.3462 has been changed to reflect current priority numbers. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. sec.10.3413. Eligibility for Title IV-A Funded Child Care Services. (a) (No change.) (b) To be eligible for at-risk Title IV-A funded child care, a family must meet the following eligibility requirements: (1)-(2) (No change.) (3) the family's total gross income must be equal to or less than 150% of the applicable, current federal poverty income level (FPIL). These families will continue to receive child care for one year after the family income exceeds 150% of the FPIL, provided the family income remains below 185% of the FPIL. sec.10.3414. Exceptions to Eligibility. (a) The Child Care Management Services (CCMS) contractor grants eligibility exceptions to allow individual families to access services funded by Title XX social services block grant (SSBG), general revenue (GR), and child care and development block grant (CCDBG) funds when funds are available and in the following situations: (1)-(3) (No change.) (b) The CCMS contractor must apply for a waiver from DHS to allow families described in subsection (a)(1) and (2) of this section to receive child care paid from Title XX, general revenue, and CCDBG funds. sec.10.3462. Priority for Intake Services. The Child Care Management Services (CCMS) contractor provides intake services to clients in the following eligibility categories according to the order of priorities indicated: (1) Child Protective Services (CPS)-General CPS (Priority 1), (2) CPS-Aid to Families with Dependent Children (AFDC) foster care (Priority 2), (3) CPS-State-paid Foster Care (Priority 3), (4) Job Opportunities and Basic Skills Training (JOBS) participant (Priority 4); (5) Transitional Child Care (Priority 6); (6) AFDC recipient-non-JOBS (Priority 7); (7) Supplemental Security Income recipient (Priority 8); (8) AFDC Recipient-Approved Self-Initiated Education or Training in non-JOBS counties (Priority 5); (9) Food Stamp Employment and Training participant (Priority 9); (10) Food Stamp recipient-Working (Priority 10); (11) Income Eligible-Working-Not Before/After School (Priority 12); (12) Food Stamp recipient-Training (Priority 11); (13) Income Eligible-Training-Not Before/After School (Priority 13); (14) Category Reserved for Future Use; (15) Income Eligible Developmentally Delayed-Not Before/After School (Priority 15); (16) Income Eligible Developmentally Delayed-Before/After School (Priority 15); (17) Former CPS-Not Before/After School (Priority 16); (18) Former CPS-Before/After School (Priority 16); (19) Income Eligible Teen Parents-Not Before/After School (Priority 14); (20) Income Eligible Teen Parents-Before/After School (Priority 14); (21) Income Eligible-Working-Before/After School (Priority 12); and (22) Income Eligible-Training-Before/After School (Priority 13). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 27, 1992. TRD-9201192 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: February 17, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 450-3765