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 4. AGRICULTURE Part VII. Texas Agriculture Resources Protection Authority Chapter 101. General Rules Subchapter A. Routine Procedures 4 TAC sec.sec.101.1-101.3 The Texas Agriculture Resources Authority (the Authority) of the Texas Department of Agriculture adopts new sec.sec.101.1-101.3 concerning routine procedures. Section 101.1 and sec.101.3 are adopted with changes to the proposed text as published in the November 1, 1991, issue of the Texas Register (16 TexReg 6186). Section 101.2 is adopted without changes and will not be republished. The new sections are intended to clarify the procedures to be followed by the authority in conducting the general routine operations authorized by the Texas Agriculture Code (the Code), sec.76.009 (1989). The new sections further define key terms found both in the Code, sec.76.009 and in Chapter 101. The authority has adopted the new sections with some changes that are made to correct a spelling error and to make the sections consistent with the requirements of the Code, sec.76.009. Section 101.1 is adopted with changes. Under the definition of "member", subparagraph (E) has been changed to clarify that the representative member from the Texas Water Commission is the chief of the section responsible for groundwater conservation. This change is necessary due to a recent reorganization of the Water Commission which eliminated the position of chief of groundwater conservation. Under the definition of "pesticide agency", a typographical error is corrected to reflect that the Texas Water Commission, rather than the Texas Water Commission is a pesticide agency. Section 101.3. is adopted with changes. Subsections (b) and (c) have been changed to clarify that upon being offered a gift or grant, the Authority shall seek the governor's approval, and upon receipt of that approval may comply with the terms and conditions of any such gift or grant. These changes make the section consistent with the requirements of the Code, sec.76.009, which does not provide for a presumption of approval if approval is not received within a certain period of time. The new sections provide definitions for key terms used in Chapter 101, provide general procedures and requirements regarding board meetings of the Authority, and provide procedures for acceptance of gifts or grants by the Authority. No comments were received regarding adoption of the new section. The new sections are adopted under the Texas Agriculture Code, sec.76.009, which authorizes the Texas Agriculture Resources Authority to promulgate rules and regulations, not inconsistent with the code, as may be necessary to carry out the activities set out within the code in respect to pesticides. sec.101.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. Authority-Agriculture Resources Protection Authority. Code-Texas Agriculture Code. Commissioner-The commissioner of the Texas Department of Agriculture. Department-The Texas Department of Agriculture. Gift-Money or any other thing of value, real, personal or mixed, tangible or intangible. The terms includes any devise or bequest. Governor-The Governor of the State of Texas. Member- (A) the director of the Texas Agricultural Experiment Station; (B) the dean of the College of Agricultural Sciences of Texas Tech University; (C) the dean of the University of Texas School of Public Health at Houston; (D) the director of the environmental epidemiology program of the Texas Department of Health; (E) the head of that section of the Texas Water Commission responsible for groundwater conservation; (F) the director of the Institute for International Agribusiness Studies of Prairie View A&M University; (G) a person appointed by the governor to represent the interests of consumers; (H) a producer of agricultural products appointed by the governor; and (I) the commissioner of agriculture. Person-Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. Pesticide agency -The Texas Department of Agriculture, the State Soil and Water Conservation Board, the Texas Agricultural Extension Service, the Texas Department of Health, the Texas Water Commission, or the Texas Structural Pest Control Board. Petition-A petition for adoption of a proposed rule or for repeal or amendment of an existing rule. Petitioner-Any person who has by written petition applied for or sought the adoption of a proposed rule or the repeal or amendment of an existing rule. Pleading-Any written petition, answer, motion, or other written instrument filed with the authority with respect to any authorized proceeding. Rule-Any statement of general applicability of a pesticide agency that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements relating to the management, regulation, and control of pesticides. The term includes the amendment or repeal of a prior rule which relates to the management, regulation, and control of pesticides but does not include statements concerning only the internal management or organization of any pesticide agency and not affecting private rights or procedures. Texas Register -Official publication of the Secretary of State's Office created by the Act, sec.6. sec.101.3. Gifts. (a) The Texas Agriculture Resource Protection Authority (the authority) may accept any unconditional gift, devise, or bequest. (b) Upon being offered a gift requiring compliance with specified terms or conditions, the authority shall submit the matter, with its recommendations, to the governor for approval. (c) With the Governor's approval, the authority may comply with terms and conditions of any grant to accomplish any of the purposes of the authority. (d) It shall be the responsibility of the authority to see to it that compliance is made with the terms or conditions applicable to any accepted gift, devise, or bequest. The responsibility may be delegated to the member representing the agency most likely to benefit from the gift. 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 April 23, 1992. TRD-9205739 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: May 15, 1992 Proposal publication date: November 1, 1991 For further information, please call: (512) 463-7583 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 61. School Districts Subchapter G. School Facilities Emergency Facility Grant Funds 19 TAC sec.sec.61.91-61.94 The Texas Education Agency adopts new sec.sec.61.91-61.94, concerning agency facility grant funds, with changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1583). The sections are necessary to alleviate emergency needs for acquiring, constructing, renovating, or improving capital assets and instructional facilities during the 1992-1993 school year. The changes are made to correct rule structure and grammatical errors. The new sections establish guidelines under which the State Board of Education (SBOE) will allocate $50 million in emergency grant funds to school districts, focusing specially on districts with high tax rates, high growth rates, low property values, and buildings which constitute an imminent threat to safety. On individual commented in favor of the rules. Somerset ISD commented against the rules, arguing that they would not provide for equitable distribution of emergency grants. The Texas Education Agency believes that the guidelines for emergency grants prescribed in the new sections comply with legislative intent. The new sections are adopted under the Texas Education Code, sec.15.16, which provides the State Board of Education with the authority to make grants to school district in the 1992-1993 school year to alleviate emergency needs and to establish procedures and qualifications for obtaining a grant. sec.61.91. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Imminent threat -An immediate danger to students and staff due to either current exposure or high risk of exposure in emergency situations. Examples include, but are not limited to, exposed electrical hazards, current exposure to toxic chemicals through daily use in an unsafe environment, structural damage that endangers the immediate integrity of the building, and blind corridors posing a substantial threat in emergency exit situations. Examples would not include: failure of pre-existing buildings to meet safety standards for new buildings, asbestos abatement under a pre-existing abatement plan, or inadequate handicap accessibility. Project-A set of activities to repair, renovate, or add to existing facilities to address a specific, limited need. As an example, the addition of vent hoods in the chemistry labs would be considered a project. Within the same building, the addition of fire escapes for exit from a blind corridor would be considered a separate project. Districts may propose multiple projects per building. sec.61.92. District Prioritization. (a) Districts will be given a funding priority based on three factors. (1) The first factor is district rank of property wealth per weighted student in the 1991-1992 school year, define as the State Property Tax Board value used in state aid distribution in that year divided by the number of weighted students for guaranteed yield purposes. This factor will receive a weight of 55%. (2) The second factor is district rank of average total effective tax rate from 1989-1991, defined as tax collections divided by the State Property Tax Board value used in state aid distribution in those years. This factor will receive a weight of 30%. (3) The third factor is district rank of growth rate from 1989-1990 through 1994-1995, defined as the projected average daily attendance for 1994-1995 divided by the attendance in 1989-1990. This factor will receive a weight of 15%. (b) Rankings will each be rated to create a composite score for the district. The composite score will be the result of the formula: .55(rank of district wealth) + .30(rank of tax rate) = .15(rank of growth rate). The composite scores will then be rank ordered to determine priorities for funding projects. sec.61.93. Project Eligibility. (a) Districts will be notified of their eligibility to receive a grant based on the ranking produced pursuant to sec.61.92(b) of this title (relating to District Prioritization) and the availability of funds. Districts will be notified that: (1) they are eligible to receive a grant for a qualified project; (2) they may be eligible to receive a grant for a qualified project if funds remain available; or (3) they are ineligible to receive a grant. (b) Districts will be eligible for funding for one or more school facilities renovation or construction projects by submitting a written application for funds to the Central Education Agency. (c) Districts must submit a project plan and the associated costs to the commissioner of education. The commissioner will determine the format for applications and will make the final determination of project eligibility. sec.61.94. General Requirements (a) The provisional entitlement for a district will be the lesser of a grant of no more than $150 per weighted pupil in average daily attendance in 1991-1992 or the cost of the qualified project. (b) Projects funded under this program must be completed by February 28, 1995. Funds granted must be used for the projects for which the grants were made. (c) Once the $50 million provide for under this rule has been expended, there are no further entitlements under this grant. (d) School districts must apply for funding no later than a date set by the commissioner. Documentation of need for the proposed project will be required. (e) The commissioner of education shall be responsible for interpretation of the terms and conditions of this rule and shall make final determinations of project eligibility and awards. 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 April 16, 1992. TRD-9205628 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 463-9701 Chapter 97. Planning and Accreditation Subchapter A. General Provisions The Texas Education Agency adopts the repeal of sec.sec.97.1-97.11 and 97.21-97. 39, concerning planning and accreditation, without changes to the proposal as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1584). The chapter is being repealed in accordance with the sunset review process mandated by the 71st Legislature in Senate Bill 1. The State Board of Education (SBOE) has reviewed the old chapter and is proposing a new Chapter 97 in a separate submission. No comments were received regarding adoption of the repeals. 19 TAC sec.sec.97.1-97.11 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205638 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 463-9701 19 TAC sec.sec.97.1-97.6 The Texas Education Agency adopts new sec.sec.97.1-97.6, concerning planning and accreditation. Section 97.4 and sec.97.5 are adopted with changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1585). Sections 97.1-97.3 and sec.97.6 are adopted without changes and will not be republished. The new sections are being adopted in accordance with the sunset review process mandated by the 71st Legislature in Senate Bill 1. The changes in sec.97. 4 add to the criteria of gains in and equity of performance considered in the accreditation process. The changes in sec.97.5 clarify the requirements concerning evaluation reports and the procedures for responding to such reports. The new sections establish requirements and procedures for the performance based accreditation process, emphasizing excellence and equity in student performance. Comments on the proposed new sections concerned refining performance criteria, the process of reporting evaluations, and appeals procedures. Comments were received from the Texas Association of School Boards (TASB) and the Association of Texas Professional Educators (ATPE). The State Board of Education disagrees with one comment made by ATPE concerning campus grouping. The board considers this issue irrelevant to accreditation ratings. The new sections are adopted under the Texas Education Code, sec.21.753, which provides the State Board of Education with the authority to adopt rules for the accreditation of school districts. sec.97.4. Criteria for Accreditation. (a) The academic excellence indicators adopted by the State Board of Education shall be the main consideration of the Central Education Agency in the rating of a district. Performance on the academic excellence indicators required by this section shall be used for the purposes of evaluation, accreditation, and determination of exemplary status. Performance information on each of the academic excellence indicators shall be used to establish a longitudinal performance data base. The indicators must be based on information that is disaggregated with respect to race, gender, age, and socioeconomic status. Use of the academic excellence indicators in the rating process shall include consideration of: (1) adequate campus and district performance under the indicators adopted; (2) the relation between the academic excellence indicators adopted by the board and the campus performance objectives established under the Texas Education Code, sec.21.7532; (3) an analysis of annual gain in performance from one school year to the next in respect to each academic excellence indicator; and (4) an analysis of the equity of performance among student population subgroups. (b) Gain in performance and district planning and decision-making toward improved student performance will be considered in determining final district accreditation status following the on-site review. (c) Other criteria which must be considered include the following: (1) the relevance of the relationship between the goals and objectives of the district and student performance; (2) compliance with statutory requirements and requirements imposed by rule of the State Board of Education under statutory authority; (3) information by grades, gender, ethnicity or race, and economic status pertaining to discipline rates, suspensions, placements in in-school suspension, alternative placements, corporal punishment, and other disciplinary sanctions, and reasons for disciplinary interventions; (4) the quality of the district's appraisal of teacher performance and of administrator performance; (5) the effectiveness of the district principals as instructional leaders; (6) the effectiveness of the district's campuses on the basis of the most current criteria identified by research on effective schools; (7) the fulfillment of curriculum requirements; (8) the effectiveness of the district's programs in special education based on the Central Education Agency's most recent compliance review of the district and programs for special populations; (9) the effectiveness of teacher in-service training; (10) the effective use of technology to enhance student achievement; (11) the effectiveness of the district's remedial and support programs under the Texas Education Code, sec.21.557, for students at risk of dropping out of school; (12) the effectiveness of the district's dropout prevention and recovery programs; (13) efficient allocation of available resources; (14) the presence and quality of comprehensive and developmental guidance and counseling programs on campuses; (15) the quality and effectiveness of the district's vocational education program; (16) the manner in which the campus performance objectives were established and the progress, of the campus in meeting the objectives; (17) the quality of learning on each of the district's campuses based on indicators including scores on achievement tests; (18) current information on any outstanding agency requests in respect to financial or compliance audits, or civil rights issues; (19) the quality of the district's planning for site-based decision-making; (20) the effectiveness of the school district's ability to provide physical facilities that are safe and designed to meet the educational needs of all students in an environment conducive to learning; and (21) the effectiveness of the school district's ability to govern and manage the operations of the district in accordance with statewide standards and duties of a school board member. sec.97.5. The Accreditation Process. (a) For the purpose of issuing accreditation ratings, not less than once every six years, each school district in the state shall receive an accreditation visit. This rating will be based on the district's performance on the accreditation criteria as described in sec.97.4 of this title (relating to Criteria for Accreditation) and its history in respect to compliance with state and federal laws. Based on standards established by the commissioner of education, districts will be assigned an appropriate accreditation rating. (b) At least once every six years, or as required in the Texas Education Code, sec.21.754, each district will receive a complete review of all accreditation criteria, utilizing the regular periodic compliance review by the Texas Education Agency staff. (c) The commissioner shall establish the level of frequency of on-site visits, and the level of investigative review needed, dependent upon the district's performance as measured annually on academic excellence indicators, the history of the district's equity and performance trends, history of compliance with state and federal laws, and health and safety issues. (d) The accreditation on-site review process shall normally be conducted by a select group of peers of professional district staff and board members. Whenever practicable, the majority of the members of the accreditation review teams shall be composed of persons who have experience in school districts similar to the districts they are assigned to review as part of the accreditation review process. Agency staff will manage and facilitate the peer review process. The team will review, gather, and analyze data pertaining to student performance, district and campus planning and decision-making, compliance, equity, governance, health, and safety. The team shall report its on-site visit findings to the commissioner. Agency staff will review all performance reports, compliance reports, other pertinent district records and findings of the review team, and the commissioner will determine the district's accreditation status in respect to standards established by the commissioner of education. (e) At any time under certain circumstances the commissioner may order a review team composed of Texas Education Agency staff. (f) In order to be considered for the status of recognized or exemplary, districts must request and receive an optional peer on-site review. (g) Districts that receive the status of academically unaccredited will be reviewed on-site at least annually to determine the level of oversight and/or technical assistance required, and to monitor progress in respect to student performance, compliance, and other indicators of improvement. (h) Districts that receive the status of accredited, advised will be reviewed on-site at least every two years to determine the level of oversight and/or technical assistance required, and to monitor progress in respect to student performance, compliance, and other indicators of improvement. (i) The Central Education Agency shall give written notice to the superintendent and board of trustees of each district before a scheduled accreditation visit. (j) The procedures to be followed during the on-site accreditation visits will be established by the commissioner of education. (k) The on-site review team shall obtain information from campus administrators, teachers, parents, and students. Information from parents and teachers will be obtained in a manner that prevents the campus or district from screening the information. (l) At the conclusion of a district's accreditation visit, the accreditation team shall orally report its preliminary findings to administrators and representatives from the board of trustees, as appropriate. District representatives may, if they wish, respond to the preliminary report orally during the closing session. The district may also make written responses to the preliminary findings. (m) A draft report shall be sent to the district. Within 12 days of receipt of the draft report, the district may request informal resolution of any disagreement with the draft report. The district may submit written comments or may request a conference with the agency to discuss the contents of the draft report. The draft report shall become final and shall become a public document subject to provisions of the Texas Open Records Act: (1) upon completion of the informal resolution; (2) upon receipt of a request for a hearing; or (3) upon expiration of 12 days after the district receives the report if no hearing or informal resolution is requested. (n) The report must be reviewed in its entirety by the board of trustees at a regularly scheduled board meeting as soon thereafter as possible. (o) To determine if a district qualifies for a higher rating, upon request from the district the commissioner of education may direct the agency to conduct an on-site accreditation review. (p) At any time upon the identification of potential problems the commissioner of education may direct the agency to conduct outside investigations and may raise or lower a district's accreditation rating as a result of such investigations. 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 April 16, 1992. TRD-9205640 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 463-9701 Subchapter B. Principles and Standards for Accreditation 19 TAC sec.sec.97.21-97.39 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205639 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 463-9701 Chapter 133. Pupil-School Relations Subchapter A. General Welfare of Pupils The Texas Education Agency adopts the repeal of sec.sec.133.1, 133.21-133.28, 133.41, 133.61, 133.101, 133.121, and 133.122, concerning pupil-school relations, without changes to the proposal as published in the January 31, 1992, issue of the Texas Register (17 TexReg 786). The chapter is being repealed in accordance with the sunset review process mandated by the 71st Legislature in Senate Bill 1. The State Board of Education (SBOE) has reviewed the old chapter and is proposing a new Chapter 133 in a separate submission. No comments were received regarding adoption of the repeals. 19 TAC sec.133.1 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205631 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 463-9701 Subchapter B. Discipline Management 19 TAC sec.sec.133.21-133.28 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205632 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 463-9701 19 TAC sec.sec.133.21-133.24 The Texas Education Agency adopts new sec.sec.133.21-133.24, concerning pupil- school relations, with changes to the proposed text as published in the January 31, 1992, issue of the Texas Register (17 TexReg 787). The sections are being adopted in accordance with the sunset review process mandated by the 71st Legislature in Senate Bill 1. Most of the changes correct grammar and punctuation errors. The changes in sec.133.23 remove the phrase that requires school districts to hold a hearing on expulsion within seven school days of the offense when the student is placed in an alternative education program. The change is made in response to public comment. The new sections establish guidelines concerning discipline management programs. One individual commented on the importance of discipline in the educational system. The Texas Association of School Boards commented on sec.133.23, recommending the changes being adopted in this submission. The new sections are adopted under the Texas Education Code, sec.21.701, which requires the State Board of Education to review and approve or reject discipline management programs proposed by school districts. sec.133.21. Discipline Management Programs. Content of approved programs is as follows. (1) The board of trustees shall provide in the contents of the plan for the following. (A) The board of trustees shall provide in the contents of the plan the development of a code of student conduct that, at a minimum, includes rules, procedures, and expectations related to conduct and specifies the consequences of violating the code. The school district shall explain what it will consider to be "serious" and "persistent" misbehavior in its discipline management program and student code of conduct. The code of student conduct shall initially be published and distributed to all administrators, teachers, parents, and students. Thereafter, the code of student conduct shall be provided for each newly employed administrator and teacher and newly enrolled student, parent or guardian, and to others upon request. The discipline management plan of each district shall provide for procedures to communicate the provisions of the code of student conduct to parents and all interested parties. Changes during the year in the code of student conduct shall be published and distributed to students in a timely manner. (B) The district shall provide annually for signed statements by each student's parent that the parent understands and consents to the responsibilities outlined in the district's student code of conduct. (2) The district's discipline management plan shall specify who may serve as the student's representative, the district's hearing officer at any hearing required by the Texas Education Code, sec.21.301 and sec.21.3011, and shall set forth the district's notice and hearing procedures. (3) The school district's outline of its alternative educational program shall be included in its discipline management plan. sec.133.22. Suspension of Student: Removal to Alternative Education Programs. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Class disruption-Any behavior which violates the rules of a particular classroom and interferes with the teacher's opportunity to present material or the other students' opportunity to concentrate on the material or their assignments. (2) Community-based alternative school-A program for students who have been removed from the students' assigned campus for disciplinary reasons and placed in an alternative education program operated by a school district in cooperation with other school districts, juvenile agencies, or other governmental entities. (3) Discipline management technique-Any action which is intended to promote proper behavior and/or discourage misconduct other than suspension or expulsion including, but not limited to, rewards and incentives, student-teacher conferences, parent-teacher conferences, teacher redirection of student behavior, negative assertion, logical consequences, setting limits, I-messages, student contracts, active listening, reality therapy, suspension of extracurricular activities, detention, etc. (4) Expulsion-Suspension of a student from school for more than six school days within a semester. (5) Home-based instruction-An unsupervised alternative education program in which students are provided assignments to be completed at home. Except for students who are provided home-based instruction pursuant to the Texas Education Code, sec.21.3011(h) and sec.133.23(b)(3) of this title (relating to Expulsion), students may not be assigned to home-based instruction or be suspended for more than a combined total of six school days in a semester. (6) In-school suspension program-An on-campus setting for students who commit disciplinary infractions, where the student continues to receive instruction in each course to the extent possible. (7) Parents-Includes single parent, legal guardian, or person in lawful control. (8) School-based strategies-A program(s) which uses interactive strategies between school personnel and the community and/or state agencies to provide a full array of services for the prevention of or intervention in delinquent behavior of students. These services may include conflict resolution, alternative education, student assistance teams, peer jury or fairness committee, behavioral contracts, contingency education plans, and alternatives to expulsion. (9) School-community guidance center-A program that meets the requirements for school-community guidance centers as specified under the Texas Education Code, sec.sec.21.601-21.606. (10) School property-Any property owned by the school district or over which the school district or its personnel exert lawful authority, including property visited by students in connection with a school-sponsored activity, such as a field trip or extracurricular activity. (11) Suspension-A deprivation of educational services for disciplinary reasons for a period not to exceed six school days in a semester. A district may adopt a policy to provide students with assignments during the period of suspension. Such a policy shall not interfere with a teacher's ability to instruct the remaining students in that class. In all cases, students must be given an opportunity to complete assignments pursuant to the Texas Education Code, sec.21.301(h). (12) Transfer to a different school campus-The removal of a student from his or her assigned campus to another campus within the same school district. (b) Grade adjustment. A district that imposes a grade adjustment for work made up by a student who has been suspended shall adopt a policy that ensures consistent application. (c) Emergency removal. (1) The board of trustees or its designee may remove a student from his or her regular classes or from school district premises for nondisciplinary health, safety, or welfare reasons whenever the board or its designee determines that an emergency exists for doing so. Reasons which may be considered an emergency include, but are not limited to, the fact that the student is under the influence of alcohol or drugs, highly agitated, or suffering from any other condition which temporarily threatens his or her welfare, other individuals' welfare, or the efficient operation of the school. Any student who is removed from school premises pursuant to this subsection and who is in a condition that threatens his own welfare or the welfare of others must be released to the student's parent, a representative of the parent, or other proper authority, including, but not limited to, law enforcement officers and medical personnel. Such removal must be for as short a time as is reasonable under the circumstances, but is limited to five consecutive school days. (2) The district shall make reasonable efforts to notify the parent prior to removing a student from school premises under this subsection. If the parent cannot be notified prior to removal, the parent must be notified as soon as possible after the removal and the reasons for it. sec.133.23. Expulsion. (a) Definition. The definitions set forth in sec.133.22 of this title (relating to Suspension of Students: Removal to Alternative Education Programs) are applicable to this section. (b) Expulsion procedure. (1) The student may only be expelled by written order setting the term of the expulsion. (2) Before the expulsion, the board or its designee must provide the student a hearing at which the student is afforded requisite due process which shall include the following: (A) prior notice of the charges and the proposed sanctions as to afford a reasonable opportunity for preparation; (B) right to a full and fair hearing before the board or its designee; (C) right to an adult representative or legal counsel; (D) opportunity to testify and to present evidence and witnesses in his or her defense; and (E) opportunity to examine the evidence presented by the school administration and to question the administration's witnesses. (3) Pending the expulsion hearing, a student may be placed in home- based instruction provided that the hearing shall be held within seven school days from the date of the offense. The date of the hearing may be deferred beyond the seven days only by the mutual consent of the student's parent or guardian and the district's representative. sec.133.24. Discipline of Students with Handicaps. Disciplinary actions regarding students with handicaps shall be in accordance with sec.133.22 of this title (relating to Suspension of Students: Removal to Alternative Education Programs) and sec.133.23 of this title (relating to Expulsion) except as noted in this section. (1) Students with handicaps. For the purpose of this section, a student with a handicap is a student who has been evaluated in accordance with 34 Code of Federal Regulations, sec.sec.300.530-300.534 and sec.89. 233 of this title (relating to Comprehensive Individual Assessment) and determined by an admission, review, and dismissal (ARD) committee as meeting the eligibility criteria for orthopedically handicapped, other health impaired, auditorially handicapped, visually handicapped, deaf-blind, mentally retarded, emotionally disturbed, learning disabled, speech handicapped, autistic, multiply handicapped, or traumatic brain injured, who because of those impairments needs special education and related services. (2) Suspension or removal to an alternative education program. (A) Students with handicaps may be suspended in the same manner as students without handicaps for a period not to exceed six school days or removed to an alternative education program for a period not to exceed 10 consecutive school days. (B) Students with handicaps may not be suspended for more than six days or removed to an alternative education program for more than 10 days unless the ARD committee first determines whether the alleged behavior in question was related to the handicapping condition. If the ARD committee determines there is a connection, they must also determine what action is appropriate. (C) The term of a student's removal to an alternative education program shall be assessed in accordance with the requirements of the Texas Education Code, sec.21.301(d), and 34 Code of Federal Regulations, sec.300.513 (relating to child's status during proceedings). However, removal for more than 10 consecutive school days may be effected only through ARD committee action, subject to the parents' right to appeal. (3) Emergency removal. (A) Emergency removal of a student with a handicap from a class or school for health, safety, or welfare reasons may only be done for compelling reasons as noted in sec.133.22(c) of this title and shall not exceed five consecutive school days except as set out in subparagraphs (B) and (C) of this paragraph. Any student who is removed from school premises pursuant to this subsection and who is in a condition that threatens his own welfare or the welfare of others must be released to the student's parent, a representative of the parent, or other proper authority, including, but not limited to, law enforcement officers and medical personnel. (B) Removal under this section is intended to be used in emergency situations only and consecutive five school day removals are prohibited unless the ARD committee determines that the student poses an immediate threat to the safety of himself or herself or others, or disrupts the safety of the learning environment. (C) If the ARD committee determines that a student is dangerous pursuant to subparagraph (B) of this paragraph, but the parents appeal the decision pursuant to the Individuals with Disabilities Education Act procedures and refuse to permit a change of placement, the school must obtain immediate injunctive relief from a state or federal court in order to remove the student for more than 10 consecutive days. (D) The district shall make reasonable efforts to notify the parent prior to removing a student from school premises under this subsection. If the parent cannot be notified prior to removal, the parent must be notified as soon as possible after the removal and the reasons for it. (4) Removals totaling 16 school days. When the total number of days a student with a handicap is removed to an alternative education program, suspended, or removed for emergency reasons totals 16 school days in any one school year, an ARD committee review of the student's individual education plan (IEP) shall be conducted unless such removal is warranted in the student's discipline management plan specified in the student's IEP. (5) Sanctions specified in students' IEP. The requirements of sec.133.22 of this title and paragraphs (2) and (3) of this subsection shall not apply to disciplinary sanctions implemented in accordance with specifications in the student's IEP. If the student's IEP contains disciplinary sanctions and is not being challenged in an administrative or court appeal pursuant to the Individuals with Disabilities Education Act, then those sanctions in the IEP should be followed rather than the requirements of sec.133.22 of this title and paragraphs (2) and (3) of this subsection. (6) Expulsion of students with handicaps. (A) Expulsion may be effected for a student with a handicap who is engaging in conduct which would warrant such action for a student without handicaps under sec.133.23 of this title only if the ARD committee determines the misconduct is not related to the handicapping condition or inappropriate placement. (B) The exclusion of a student with a handicap from his or her current placement, pending appeal of an expulsion, may not exceed 10 days without ARD committee action (subject to the parents' rights to appeal under the Individuals with Disabilities Education Act and the status quo provisions of 34 Code of Federal Regulations, sec.300.513) to determine appropriate services in the interim. (C) In determining whether a student's disruptive behavior was related to a student's handicapping condition, the ARD committee shall base its decision on currently effective evaluation and assessment data and on review of the current IEP documentation rather than on established eligibility or previous committee decisions. The committee shall consider whether the student's behavior indicates the need for new assessment or evaluation data. Unless the parents agree otherwise, the student must be returned to his or her current placement after 10 days while additional assessments are being conducted. (D) The ARD committee shall determine the instructional and related services to be provided during the time of expulsion. The student's IEP shall include goals and objectives designed to assist in returning the student to school and preventing significant regression. (E) If the ARD committee determines that the student's disruptive behavior is related to the handicapping condition or inappropriate placement, the student shall not be expelled. If the disruptive behavior on the part of the student indicates an inappropriate placement, the ARD committee shall review the placement and recommend alternatives. (F) If the ARD committee determines that the behavior was related to the handicapping condition, then the ARD committee shall: (i) rewrite the IEP to address the behavioral and educational needs of the student; or (ii) when appropriate, consider the extension of an emergency removal pursuant to paragraph (3)(B) of this subsection. (7) Parent participation in ARD committee meetings. The provisions of sec.89.222(d) of this title (relating to Parent Participation in ARD Committee Meetings) and 34 Code of Federal Regulations, sec.300.513 (relating to child's status during proceedings) are applicable in circumstances arising under this section. (8) Referral for assessment. Local officials should be aware that persistent discipline problems or disruptive conduct exhibited by a student who has not previously been a discipline problem might warrant referral for assessment. However, a regular education student is not entitled to avoid disciplinary action pending any assessment. 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 April 16, 1992. TRD-9205637 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 463-9701 Subchapter C. Pupil's Report Cards or Records 19 TAC sec.133.41 The repeal is adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205633 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 463-9701 Subchapter D. Married Pupils 19 TAC sec.133.61 The repeal is adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205634 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 463-9701 Subchapter F. Exemption from Instruction 19 TAC sec.133.101 The repeal is adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205635 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 463-9701 Subchapter G. Pupil Organizations 19 TAC sec.133.121, sec.133.122 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the SBOE 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 April 16, 1992. TRD-9205636 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 463-9701 Chapter 149. Education Personnel Development Subchapter C. Appraisal of Certified Personnel 19 TAC sec.149.43 The Texas Education Agency adopts an amendment to sec.149.43, concerning teacher appraisal procedures, with changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1587). The amendment is necessary to afford district appraisers more time to redirect efforts to those teachers most in need of assistance. The changes to the amendment occur in subsection (c)(1) and allow districts to reduce the frequency of appraisal of level three teachers who have passed the written portion of the master teacher examination. The changes are made in response to public comment. The amendment provides more flexibility in the Texas teacher appraisal system and changes the frequency of observations, conditions for scoring, and conference requirements. One individual commented on the amendment, recommending the changes being adopted in this submission. The amendment is adopted under the Texas Education Code, sec.sec.13.302-13.304, which provides the State Board of Education with the authority to adopt an appraisal process and criteria on which to appraise the performance of teachers for career ladder level assignment. sec.149.43. Teacher Appraisal Procedures. (a)-(b) (No change.) (c) Appraisals, observations, and conferences. (1) At least two appraisals are required each year for each probationary teacher and each teacher on career ladder level one who does not meet the state's minimum criteria for advancement to level two. The first appraisal shall be formative. It shall be scored, but not be used for career ladder assignment. Teacher on level one who have met the state's minimum requirements for advancement to level two, but who have not been assigned to level two because of school district stricter performance criteria, and teachers on levels two, three, and four on the career ladder whose performance was exceeding expectations or clearly outstanding on the most recent overall summative performance score, shall be appraised at least once each year. Teacher on career ladder levels two, three, or four whose performance on the most recent overall summary performance score was less than exceeding expectations shall have at least two appraisals. Each teacher on career ladder level three who has passed the written portion of the master teacher comprehensive examination required for entry to level four and whose most recent overall summary performance score was evaluated as clearly outstanding shall receive one appraisal during the school year every other year. During the school year in which a formal teacher appraisal will not be conducted for the teacher, the district is authorized to substitute a formative appraisal instrument as an alternative. (2) (No change.) (3) School districts which use the minimum of two appraisers during any appraisal period shall provide for an observation by a third appraiser if requested by a teacher due to a variance of 15 or more points between the sum of the domain subtotals for Domains I-IV awarded by the teacher's supervisor and the sum of the domain subtotals for Domains I-IV awarded by the other appraiser. Each district shall adopt procedures for uniform implementation of this procedure within the district. (4)-(5) (No change.) (6) Fifty percent of the formal observations must be scheduled by day and time of day, and 50% of the formal observations must be scheduled within a reasonable period of time designated by the local district and uniformly applied for all teachers. If a formal observation by a third appraiser from another campus is required, that observation must be scheduled by day and time of day. (7)-(10) (No change.) (11) For level one teachers who receive two appraisals, the supervisor shall conduct a pre-conference with the teacher prior to the supervisor's formal observation. The pre-conference shall be conducted within a resonable period of time prior to the observation. Following each formal observation, an appraiser must conduct a post-observation conference with the teacher if the teacher's performance is judged less than meets expectations in one or more domains. Regardless of the teacher's performance, each teacher supervisor must conduct a post-observation conference after each formal observation. Appraisers other than the teacher's supervisor are encouraged to conduct post-observation conferences after all formal observations. Required post-observation conferences must be held within 10 working days of the formal observation. If there are extenuating circumstances, the 10 working day requirement may be extended to a maximum of 15 working days. At the conclusion of the first appraisal period, a conference will be held at the request of either the teacher or the appraiser. (d)-(e) (No change.) (f) Summative appraisal. (1) Each teacher must receive a summative conference at the end of the teacher's last appraisal period. In this conference, the teacher's supervisor will review the teacher's instructional goals and outcomes, inform the teacher of the domain performance scores and the overall summary performance score for the year, review the teacher's status relating to requirements for advancements and/or maintenance on the teacher career ladder, make recommendations regarding domains needing improvement, and address of a professional growth plan as appropriate. The teacher's supervisor and the teacher shall also discuss teacher self- assessment aspect such as the goals of the individual teacher, campus planning, instructional strategies, and student outcomes during the summative conference. (2)-(3) (No change.) 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 April 16, 1992. TRD-9205630 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 463-9701 Subchapter D. Teacher Career Ladder 19 TAC sec.149.81 The Texas Education Agency adopts an amendment to sec.149.81, concerning advanced academic training (AAT), with changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1588). The amendment is necessary to streamline the procedures for approving ATT programs, thereby redirecting efforts toward improvement of instruction. The change in subsection (c)(1) directs the commissioner of education to prescribe the forms of a statement of assurance. The change is made to clarify procedures involving statements of assurance. The amendment: authorizes the approval of sponsors of AAT rather than individual programs; requires that approved sponsors provide for follow-up activities to stimulate participant use; discontinues the required pre- and post-assessment of workshop participants; and deletes provisions that AAT be taken in addition to required inservice education. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.13.315, which requires the State Board of Education to accredit higher education course work and AAT. sec.149.81. Advanced Academic Training. (a) General provisions. Advanced academic training is staff development based upon diagnosed needs or professional goals. Priority shall be given to strengthening needs identified through the appraisal and accreditation process. The purpose of advanced academic training is to improve classroom instruction for increased student performance. Such training must be highly structured to meet the requirements of the Texas Education Code, sec.13.315. A teacher must have prior district approval for any training to be considered for advanced academic training. (b) (No change.) (c) Sponsors and presenters. (1) Each sponsor shall be approved by the Texas Education Agency based on the written statement of assurances. The statement of assurances shall be in a form prescribed by the commissioner of education. Workshops or class must be sponsored by a school district, a college or university, and education service center, a professional organization, or a governmental agency. A program by a private firm must be sponsored by one of the entities in this subsection. (2) It shall be the responsibility of the approved sponsor to assure that each presenter has documented expertise in the topic of the workshop or class. The qualifications of presenters shall be verified by the program sponsor. (3) (No change.) (d)-(e) (No change.) (f) Approval of sponsors. Each sponsor shall be approved to provide advanced academic training based upon statements of assurance provided to the Texas Education Agency. Approved sponsors will receive documentation indicating the approved status. (g) Review of sponsors. Approved sponsors will be reviewed by the Texas Education Agency at least every five years with the review and audit of approved sponsors scheduled at any time. All sponsoring agencies will maintain approved status unless otherwise notified by the agency. (h) Follow-up activities. Each approved sponsor shall provide follow-up activities to determine the participants' utilization of the newly acquired knowledge/skills and to provide technical assistance in implementing acquired techniques in the classroom. 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 April 16, 1992. TRD-9205629 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: May 14, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 463-9701 27> TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Child Care Management Services Statewide Implementation 40 TAC sec.sec.10.3413, 10.3463, 10.3464 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.10. 3413, 10.3463, and 10.3464, concerning family self-support services, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2117). The amendments are justified to clarify conditions under which child care is extended to more families. The amendments will function by clarifying that extended child care benefits may be offered to transitional child care clients under certain conditions, and by correcting the policy statement concerning state income limits on CCDBG-funded child care. No comments were received regarding adoption of the amendments. 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. 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 April 27, 1992. TRD-9205734 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 450-3765 Chapter 47. Primary Home Care Service Requirements The Texas Department of Human Services (DHS) adopts amendments to sec.sec.47.2910, 47.3901, and sec.47.5901. The amendment to sec.47.2910 is adopted with changes to the proposed text as published in the February 14, 1992, issue of the Texas Register (17 Tex Reg 1273). The amendments to sec.47.3901 and sec.47.5901 are adopted without changes and will not be republished. Justification for the amendments is the assurance of continual service delivery to meet priority one clients' basic needs. The amendments will function by establishing a policy of no service breaks for clients, classified as priority one, who are totally dependent on attendant care to meet their basic needs. No comments were received regarding adoption of the amendments. The department is adopting sec.47.2910 with a correction to the reference in sec.47. 2910(c)(1) which now reads "the service break is caused by circumstances described in sec.47.2914(a) and (b) of this title (relating to Suspension of Services)." 40 TAC sec.47.2910 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.47.2910. Service Breaks. (a)-(b) (No change.) (c) The provider agency must ensure that a Priority 1 client is not without authorized/scheduled services after service initiation unless: (l) the service break is caused by circumstances described in sec.47.2914(a) and (b) of this title (relating to Suspension of Services); (2) the client is not at home when the attendant is scheduled to provide services; or (3) the client requests that services not be provided on a specific day(s). (d) The provider agency must notify the caseworker within seven days of the service break by using the department's case information form. The form must include the reason for the service break. 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 April 24, 1992. TRD-9205699 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 15, 1992 Proposal publication date: February 14, 1992 For further information, please call: (512) 450-3765 Support Documents 40 TAC sec.47.3901 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. 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 April 24, 1992. TRD-9205700 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 15, 1992 Proposal publication date: February 14, 1992 For further information, please call: (512) 450-3765 40 TAC sec.47.5901 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. 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 April 24, 1992. TRD-9205701 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 15, 1992 Proposal publication date: February 14, 1992 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled Eligibility 40 TAC sec.48.2911, sec.48.2918 The Texas Department of Human Services (DHS) adopts amendments to sec.48. 2911 and sec.48.2918, concerning eligibility for primary home care, with changes to the proposed text as published in the February 14, 1992, issue of the Texas Register (17 TexReg 1273). Justification for the amendments is assurance of continual service delivery to meet priority one clients' basic needs. The amendments will function by establishing a policy of no service breaks for clients, classified as priority one, who are totally dependent on attendant care to meet their basic needs. This zero service break policy may help an individual choose community care services in place of institutional care. The department received comments from the Texas Association for Home Care (TAHC) concerning the definition of a Priority 1 client. Citing potential liability issues, TAHC recommended that the terms "health" and "safety" be deleted from the definition. In addition, TAHC recommended that the wording "would be jeopardized" be changed to "may be jeopardized." In response to those comments, the department has decided to retain the terms "health" and "safety" in the definition. The department believes the terms "health" and "safety" are necessary to describe accurately those eligible for priority 1 designation. To address the concerns raised by TAHC, the department will amend the definition to read "... that there is a high likelihood the individual's health, safety, or well-being would be jeopardized..." to make clear that any harm to health and safety is not a certainty. The change appears in sec.sec.48.2911(d)(3) and 48.2918(e)(3). The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. sec.48.2911. Family Care. (a)-(c) No change. (d) Establishment of a priority level is made by the community care case manager and is based on an assessment of the client's circumstances and on discussions with the client and others actively involved with the client. A Priority 1 family care client is an individual who is dependent upon the services of the family care attendant for the performance of certain personal care tasks and whose health, safety, or well-being may be jeopardized if services on a normally-scheduled service shift were not provided. An individual is considered a Priority 1 family care client if the following criteria are met. (1) The individual is completely unable to perform one or more of the following activities without hands-on assistance from another person: (A) transferring himself into or out of bed or a chair or on or off a toilet; (B) feeding himself; (C) getting to or using the toilet; (D) preparing a meal; or (E) taking self-administered prescribed medications. (2) During a normally-scheduled service shift, no one is readily available who is capable of providing, and who is willing to provide, the needed assistance other than the family care attendant. (3) The DHS community care case manager determines that there is a high likelihood the individual's health, safety, or well-being would be jeopardized if family care services were not provided on a single given shift. sec.48.2918. Eligibility for Primary Home Care. (a)-(d) (No change.) (e) Establishment of a priority level is made by the community care case manager based on an assessment of the client's circumstances and on discussions with the client and others actively involved with the client. A Priority 1 primary home care client is an individual who is dependent upon the services of the primary home care attendant for the performance of certain personal care tasks and whose health, safety, or well-being may be jeopardized if services on a normally- scheduled service shift were not provided. An individual is considered a Priority 1 primary home care client if the following criteria are met. (1) The individual is completely unable to perform one or more of the following activities without hands-on assistance from another person: (A) transferring himself into or out of bed or a chair or on or off a toilet; (B) feeding himself; (C) getting to or using the toilet; (D) preparing a meal; or (E) taking self-administered prescribed medications. (2) During a normally-scheduled service shift, no one is readily available who is capable of providing, and who is willing to provide, the needed assistance other than the primary home care attendant. (3) The DHS community care case manager determines that there is a high likelihood the individual's health, safety, or well-being would be jeopardized if primary home care services were not provided on a single given shift. 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 April 24, 1992. TRD-9205702 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 15, 1992 Proposal publication date: February 14, 1992 For further information, please call: (512) 450-3765 Chapter 53. Family Care Program Service Delivery Requirements 40 TAC sec.53.403 The Texas Department of Human Services adopts amendments to sec.sec.53.403, 53.501, and 53.502, concerning Family Care Program. The amendment to sec.53.403 is adopted with a change to the proposed text as published in the February 14, 1992, issue of the Texas Register (17 TexReg 1279). The amendments to sec.53.501 and sec.53.502 are adopted without changes and will not be republished. Justification for the amendments is assurance of continual service delivery to meet priority one clients' basic needs. The amendments will function by establishing a policy of no service breaks for clients, classified as priority one, who are totally dependent on attendant care to meet their basic needs. This zero service break policy may help an individual choose community care services in place of institutional care. No comments were received regarding adoption of the amendments. The department is adopting sec.53.403 with a correction to the reference in sec.53. 403(f)(1) which now reads "the service break is caused by circumstances described in sec.53.404(a) and (b) of this title (relating to Suspension of Services)." The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.53.403. Service Delivery Requirements. (a)-(e) (No change.) (f) The provider agency must ensure that a Priority 1 client is not without authorized/scheduled services after service initiation unless: (1) the service break is caused by circumstances described in sec.53.404(a) and (b) of this title (relating to Suspension of Services), (2) the client is not at home when the attendant is scheduled to provide services; or (3) the client requests that services not be provided on specific days. (g) The provider agency must notify the caseworker within seven days of the service break by using the department's case information form. The form must include the reason for the service break. 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 April 24, 1992. TRD-9205703 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 15, 1992 Proposal publication date: February 14, 1992 For further information, please call: (512) 450-3765 Claims 40 TAC sec.53.501, sec.53.502 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. 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 April 24, 1992. TRD-9205704 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 15, 1992 Proposal publication date: February 14, 1992 For further information, please call: (512) 450-3765 Chapter 72. Memoranda of Understanding with Other State Agencies Memoranda of Understanding for Long Term Care 40 TAC sec.72.102 The Texas Department of Human Services (DHS) adopts new sec.72.102, concerning the long term care state plan for the elderly, without changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1605). The justification for the new section is to fulfill the requirements of Senate Bill 377, 72nd Legislature, 1991, which requires that the Texas Department on Aging, the Texas Department of Human Services, the Texas Department of Health, and the Texas Department of Mental Health and Mental Retardation, adopt by rule a memorandum of understanding (MOU) which clearly outlines each agency's responsibilities in biennially revising and updating the Texas long term care state plan for the elderly. The new section will function by adopting the Texas Department on Aging's MOU which establishes its responsibilities for reviewing issues concerning long term care (LTC) for the elderly; developing appropriate policy recommendations for the state; encouraging cooperative planning among public, private, and volunteer sectors for provision of LTC services; and to clarify how the four agencies named will work together for review, revision, and implementation of the Texas long term care state plan for the elderly. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 May 18, 1992. TRD-9205735 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: May 18, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 450-3765 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) The State Board of Insurance, at a board meeting scheduled on April 23, 1992, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, considered a proposal filed on behalf of the Texas Workers' Compensation Insurance Facility. The Facility proposed an amendment to the Facility's tabular surcharge plan. The amendment was proposed in a petition (Reference Number W-0292-9), filed by the the Facility on February 3, 1992. On April 23, 1992, the State Board of Insurance adopted the amendment with changes to the proposed published text. The amendment to the tabular surcharge as adopted lays out a new experience modifier range and a new tabular surcharge factor. The amendment further provides that risks with experience modification will be charged a mandatory differential factor of 15%. Risks with no experience modifier may be charged a differential factor of 50%. The complete amendment to the Texas Workers' Compensation Insurance Facility tabular surcharge plan including the experience modifier range and a new tabular surcharge factor is outlined as follows: [graphic] This amendment is effective 15 days after publication in the Texas Register. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register 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 April 27, 1992. TRD-9205748 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: May 16, 1992 For further information, please call: (512) 463-6327 The State Board of Insurance, at a board meeting scheduled on April 23, 1992, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, considered a proposal filed on behalf of the Texas Workers' Compensation Insurance Facility. The Facility proposed an amendment to the Facility's premium payment plan. The amendment was proposed in a petition (Reference Number W-0292-8), filed by the the Facility on February 3, 1992. On April 23, 1992, the State Board of Insurance adopted the amendment as proposed. The amendment to the premium payment plan as adopted provides, in part, that in lieu of submitting the total estimated annual premium with this application, the Facility may permit one of three listed payment plans to risks demonstrating acceptable credit history. The plans would be filed based on the estimated annual premium calculated at the inception of the policy. An interest charge of 8.0% per annum is proposed. The amendment in its entirety follows: In lieu of submitting the total estimated annual premium with this application, the Facility may permit one of the following payment plans to risks demonstrating acceptable credit history: [graphic] The payment plans will be fixed based on the estimated annual premium calculated at the inception of the policy. Monthly reporting of payrolls and premiums may still be required. The payments will be adjusted if the monthly reports indicate that the initial estimate of premium is significantly different from the initial estimate. An interest charge of 8.0% per annum shall apply to all payment plans. This amendment is effective 15 days after publication in the Texas Register. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedures and Texas Register Act. Issued in Austin, Texas, on April 27, 1992. TRD-9205747 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: May 16, 1992 For further information, please call: (512) 463-6327