ADOPTED RULES 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 61. School Districts Subchapter G. School Facilities School Facilities Standards 19 TAC sec.sec.61.101-61.104 The Texas Education Agency (TEA) adopts the repeal of sec. sec.61.101-61.104, concerning school facilities standards, without changes to the proposed text as published in the September 24, 1993, issue of the Texas Register (18 TexReg 6509). The repeals are necessary to reorganize the rules by moving them from an undesignated head to a new Subchapter H. This will result in a clearer organization of the rules concerning school facilities standards. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Education Code, sec.16.402, which authorizes the State Board of Education to establish standards for adequacy of school facilities. sec.61.101. Applicability. sec.61.102. Space, Minimum Square Foot Requirements. sec.61.103. Educational Adequacy. sec.61.104. Construction Quality. 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 10, 1994. TRD-9434451 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: January 31, 1994 Proposal publication date: September 24, 1993 For further information, please call: (512) 463-9701 Subchapter H. School Facilities Standards 19 TAC sec.sec.61.101-61.104 The Texas Education Agency (TEA) adopts new sec.sec.61.101-61.104, concerning school facilities standards, with changes to the proposed text as published in the September 24, 1993, issue of the Texas Register (18 TexReg 6509). Legislation passed during the 72nd Texas Legislature directed the State Board of Education to establish standards for space, educational adequacy, and construction quality. Rules concerning size and construction quality were adopted to be effective August 6, 1992, with the understanding that modifications would be necessary after further study regarding educational adequacy. Working with the School Facilities Advisory Committee and members of the design and construction community, TEA has developed standards to be used by school districts for designing and constructing new facilities. The guidelines will raise the overall quality of planning, design, and construction of school facilities statewide. In response to public comment, the long-range planning process outlined in sec.61.103 for establishing the educational adequacy of a school facility has been streamlined by removing much of the required methodology. As a consequence, many of the definitions and certification requirements related to educational adequacy in sec.61.101 have been simplified or deleted. A reference to the National Fire Protection Association Life Safety Code also has been deleted from sec.61.104 based on public comments. The TEA received public comments regarding adoption of the new rules from the following organizations: Austin ISD, Calhoun County ISD, Tuluso-Midway ISD, the Texas Association of School Administrators, and the Texas Association of School Boards. Numerous individuals also commented on the rules. The new rules are adopted under the Texas Education Code, sec.16.402, which authorizes the State Board of Education to establish standards for adequacy of school facilities. sec.61.101. Applicability. (a) Definitions and procedures. The following words, terms, and procedures, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Educational program -A written document that includes the following information: (A) a summary of the school district's educational philosophy, mission, and goals; and (B) a description of the general nature of the district's instructional program in accordance with Chapter 75 of this title (relating to Curriculum). (2) Educational specifications -Educational specifications for a proposed new school facility or major space renovation include a description of the proposed project, expressing the range of issues and alternatives. The following information should be included in the educational specifications: (A) the instructional programs, grade configuration, and type of facility; (B) number of students; (C) a list of any specialized classrooms or major support areas, noninstructional support areas, or external activity spaces; (D) estimated size of facility; (E) estimated budget for the facility project; (F) school administrative organization; and (G) hours of operation that include the instructional day, extracurricular activities, and any public access or use. (3) Instructional space -General classrooms, specialized classrooms, and major support areas. (4) Library -Library will include the following minimum requirements: (A) reading room; (B) stack area; and (C) necessary service areas. (5) Major space renovations -At least 50% of the gross area of the facility's instructional space is within the limits of the work. The provisions of this subchapter shall apply to projects involving major space renovations. Other renovations associated with repair or replacement of architectural interior or exterior finishes; fixtures; equipment; and electrical, plumbing, and mechanical systems are not subject to the requirements of sec.61.102 of this title (relating to Space, Minimum Square Foot Requirements) and sec.61.103 of this title, but shall comply with applicable building codes as required by sec.61.104 of this title (relating to Construction Quality). (6) Square feet per pupil -The net interior space of a room divided by the maximum number of pupils to be housed in that room during a single class period. (7) Square feet per room measurements -The net square footage of a room that will house 22 students at the elementary level and 25 students at the middle or high school level. The net square footage of a room includes exposed storage space, such as cabinets or shelving, but does not include hallway space or storage space, such as closets or preparation offices. (b) Effective date. The requirements in this subchapter shall apply to projects for new construction or major space renovations approved by a school district board of trustees after September 1, 1994. (c) Certification of design and construction. (1) In this section, the word "certify" indicates that the architect or engineer has reviewed the standards contained in this chapter and used the best professional judgment and reasonable care consistent with the practice of architecture or engineering in the State of Texas in executing the construction documents. The architect or engineer also certifies that these documents conform with the provisions of this subchapter, except as indicated on the certification. (2) The school district shall notify and obligate the architect or engineer to provide the required certification. The architect's or engineer's signature and seal on the construction documents shall certify compliance. (3) To ensure that facilities have been designed and constructed according to the provisions of this subchapter, each of the involved parties shall execute responsibilities as follows. (A) The school district shall provide the architect or engineer the long- range school facility plan and/or educational specifications approved by the board of trustees as required by this subchapter, and building code specifications for the facility. (B) The architect or engineer shall perform a building code search under applicable regulations that may influence the project, and shall certify that the design has been researched before it is final. (C) The architect or engineer shall also certify that the facility has been designed according to the provisions of this subchapter, based on the long-range school facility plan and/or educational specifications, building code specifications, and all documented changes to the construction documents provided by the district. (D) The building contractor or construction manager shall certify that the facility has been constructed in general accordance with the construction documents specified in subparagraph (C) of this paragraph. (E) When construction is completed, the school district shall certify that the facility conforms with the design requirements specified in subparagraph (A) of this paragraph. sec.61.102. Space, Minimum Square Foot Requirements. (a) A school district shall provide instructional space as specified in subsection (b) of this section if required by the district educational specifications described in sec.61.103 of this title (relating to Educational Adequacy). (b) For each type of instructional space, a district may satisfy the requirements of this section by using, as appropriate, either the standard for the minimum square feet per pupil or for square feet per room specified in paragraphs (1)-(3) of this subsection. Room size requirements are based on rooms that will house 22 students at the elementary level and 25 students at the middle or high school level. (1) General classrooms. (A) Classrooms for prekindergarten through first grade shall have a minimum of 36 square feet per pupil or 800 square feet per room. (B) Classrooms at the elementary school level shall have a minimum of 30 square feet per pupil or 700 square feet per room. (C) Classrooms at the secondary school level shall have a minimum of 28 square feet per pupil or 700 square feet per room. (2) Specialized classrooms. (A) Computer laboratories shall have a minimum of 41 square feet per pupil or 900 square feet per room at the elementary school level; and 36 square feet per pupil or 900 square feet per room at the secondary school level. (B) Science lecture/lab shall have a minimum of 41 square feet per pupil or 900 square feet per room at the elementary school level; 50 square feet per pupil or 1, 000 square feet per room at the middle school level; and 50 square feet per pupil or 1,200 square feet per room at the high school level. (3) Major support areas. (A) Primary gymnasiums or physical education space, if required by the district's educational program, shall have a minimum of 3,000 square feet at the elementary school level; 4,800 square feet at the middle school level; and 7,500 square feet at the high school level. (B) Libraries shall have a minimum of 3.0 square feet times the planned student capacity of the school. The minimum size of any elementary school library shall be 1,400 square feet. The minimum size of any middle school library shall be 2,100 square feet. The minimum size of any high school library shall be 2,800 square feet. (c) Other space requirements should be developed from school district design criteria as required to meet educational program needs. sec.61.103. Educational Adequacy. A proposed new school facility or major space renovation of an existing school facility meets the conditions of educational adequacy if the design of the proposed projects is based on the requirements of the school district's educational program and the student population that it serves. sec.61.104. Construction Quality. (a) Districts with existing building codes. A school district located in an area that has adopted local building codes shall comply with those codes (including fire and mechanical, electrical, and plumbing codes). The school district is not required to seek additional plan review of school facilities projects other than what is required by the local building authority. (b) Districts without existing building codes. A school district located in an area that has not adopted local building codes shall adopt and use the latest edition of either the Uniform Building Code or Standard (Southern) Building Code (and related fire, mechanical, and plumbing codes); and the National Electric Code. A qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, and mechanical and electrical design. The review shall be conducted before bidding and must be conducted by a certified building code consultant. Associated fees shall be the responsibility of the school district. The reviewer shall prepare a summary list of any conditions not in conformance with the provisions of the adopted building code and is required to send a copy to the school district, design architect, or engineer. The design architect or engineer shall revise the plans and specifications as necessary and certify code compliance to the district. Any disputes shall be a matter for contract resolution. (c) Other Provisions. School districts shall comply with the provisions of the Americans with Disabilities Act of 1990 (Title I and Title II) and other local, state, and federal requirements as applicable. 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 10, 1994. TRD-9434450 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: January 31, 1994 Proposal publication date: September 24, 1993 For further information, please call: (512) 463-9701 Chapter 101. Assessment 19 TAC sec.sec.101.1-101.6 The Texas Education Agency (TEA) adopts amendments to sec. sec.101.1-101.6, concerning assessment. Sections 101.2-101.4 and 101.6 are adopted with changes to the proposed text as published in the September 24, 1993, issue of the Texas Register (18 TexReg 6513). Section 101.1 and sec.101.5 are adopted without changes and will not be republished. The amendments implement recent statutory changes in the student assessment program and address issues regarding alternative assessments, end-of-course examinations, the testing calendar, eligible examinees, and access to assessment instruments. The amended rules will increase the efficiency of the assessment system because students will be able to satisfy their exit level assessment requirements in multiple ways. Also, annual growth in campus performance for school accountability will be demonstrated through an assessment system based on the Texas essential elements. The change to sec.101.2(f) clarifies that alternative examinations must be reliable and valid to ensure rigorous standards for a high school diploma. The change to sec.101.3(b) clarifies the exemptions for limited English proficient students in light of the plan to develop Spanish version criterion- referenced tests for Grades 3-6. The change distinguishes between the exemptions allowed limited English proficient students in bilingual programs and the exemptions allowed students in English as a second language (ESL) programs. The change also allows one additional exemption from testing for a student who enters a bilingual program as a nonreader. The change to sec.101.3(c) clarifies that the Language Proficiency Assessment Committee must use criteria developed by TEA to recommend assessment strategies in the language appropriate for the student. The change also requires that the recommended assessment be reported as part of the state accountability system. The change to sec.101.3(d) requires districts to provide intensive instructional programs before the fall test administration for students who receive a deferral in the spring of tenth grade. The change to sec.101.3(e) specifies that testing eligibility requirements must be included in test administration materials. The change to sec.101.3(g) replaces the phrase "... a norm-referenced assessment adopted ..." with the phrase "... any norm-referenced test adopted . .." to allow districts more latitude in choosing a norm-referenced test. The change to sec.101.4(f) substitutes a process of publishing representative test forms before administering the actual tests for a review of actual tests by a select group after their administration. The change to sec.101.6(a) allows school districts to select from a list of norm-referenced instruments approved by the State Board of Education (SBOE). The change to sec.101.6(b) expands the text to address all norm-referenced tests approved by SBOE. Public comment received from the Harris County Test Directors expressed concern about the perceived lack of any technical data regarding standard setting, test development, validity, and reliability on the Texas Assessment of Academic Skills (TAAS) tests. Though available, this technical information is not currently distributed to school districts. The commentator suggested that TEA produce and distribute a technical report highlighting this information. In November, TEA convened a group of Texas educators with technical expertise in assessment to plan the contents and structure of this technical report. Several individuals expressed concern about local review of tests. In sec.101.4(f), TEA is substituting a process of publishing representative test forms before administering the actual tests for a review of actual tests by a select group after their administration. The Harris County Test Directors and the Region XX Instructional Officers expressed concern about amendments that do not allow exemptions from end-of- course tests. These amendments are clarified in this submission. Several individuals expressed concern about school district selection and use of norm-referenced tests. Changes to the proposed text modify the norm- referenced testing selection to permit local use of such examinations if they are included on a SBOE-approved list. The Region I education service center and superintendents in Region I commented in favor of the amendment providing for an exemption policy for limited English proficient students from the TAAS administration. A group of bilingual education professionals offered suggestions for clarifying sec.101.3(b) and (c). Most of these revisions are included in the adopted text. Based on a written comment from an individual, language was added to sec.101. 2(f) clarifying that alternative examinations must be reliable and valid and must meet nationally recognized test development standards. The amendments are adopted under the Texas Education Code, Chapter 35, Subchapter B, which authorizes the State Board of Education to create and implement a statewide assessment program that is primarily performance-based. sec.101.2. Exit Level Requirements. (a) The superintendent or chief administrative officer in each school district shall be responsible for: (1) informing 8th grade students expected to take the exit level assessment instrument and their parents or guardians, as well as 8th-12th grade students new to the district and their parents or guardians, of the instructional objectives to be measured on the exit level assessment instrument; (2) notifying current students eligible to take the exit level assessment instrument and their parents or guardians of the dates, times, and locations of the test sites and emphasizing the importance of testing on the scheduled dates; and (3) publicizing within the community served by the district the dates, times, and locations of the test sites and what actions a former pupil interested in testing or retesting should take to assure access to the testing area and availability of testing materials. (b) A student must meet the standards for performance established by the State Board of Education (SBOE) on the exit level examination of academic skills to be eligible to receive a high school diploma. (c) To be eligible to receive a high school diploma, a student with a disability under the Individuals with Disabilities Education Act must meet the standards for performance on the sections of the exit level assessment instrument for which he or she is eligible as specified in his or her individual educational plan by the special education admission, review, and dismissal committee (ARD). (d) A student shall not receive a diploma unless he or she has attained the established standards for performance on all sections of the exit level assessment instrument. A student who does not demonstrate satisfactory performance on the exit level assessment instrument shall retake it during each fall and spring administration and may participate in the summer administration until the standards for performance are met. A former pupil who has been denied a diploma because he or she failed to meet the standards for performance on any sections of the instrument may retake the sections each time the instrument is administered. (e) A foreign exchange student who has waived in writing his or her intention to receive a Texas public high school diploma may be excused from the exit level assessment requirement in the Texas Education Code (TEC), Chapter 35, Subchapter B. The term "foreign exchange student" is defined as a student who has an I-20 visa status. (f) Other assessment instruments for the exit level test approved by the SBOE as appropriate alternative examinations may be substituted for the corresponding sections of the exit level assessment instrument required under the TEC, Chapter 35, Subchapter B. These assessment instruments must be reliable and valid and meet nationally recognized standards for test development. (g) With the approval of the SBOE, satisfactory performance on certain end-of- course tests may be used to fulfill the corresponding exit level assessment requirements. (h) Although increasingly difficult standards and examinations may be established for the exit level assessment instrument, a student shall not be required to demonstrate subject-area performance at a standard higher than the one in effect when he or she was first eligible to take the instrument. (i) Established requirements and procedures for testing out-of-school examinees shall be specified in the appropriate test administration materials. sec.101.3. Testing Appropriate Students. (a) Each student for whom an appropriate criterion-referenced assessment instrument has been developed shall participate in the administration of the instrument. A student shall be exempted from participation only upon the formal determination of: (1) the student's special education admission, review, and dismissal committee (ARD), as documented in the student's individual educational plan; or (2) the student's language proficiency assessment committee (LPAC), as documented in the student's permanent record file. (b) All students of limited English proficiency shall participate in English, Spanish, or alternative assessments as addressed in subsection (c) of this section. Spanish versions of the criterion-referenced tests at Grades 3 and 4 will be administered by 1995 and at Grades 5 and 6 by 1996. Until Spanish versions of the criterion-referenced tests are available, a limited English proficient student in a state-approved bilingual program whose native language is Spanish may be exempted by the LPAC from the criterion-referenced instrument for no longer than three consecutive years, after which time the student shall take the English version instruments at subsequent grade levels. Once Spanish versions of the criterion-referenced tests are available, a limited English proficient student in a bilingual program whose native language is Spanish may receive no more than one exemption from the assessment program. A student who upon entry to the program was a nonreader may receive one additional exemption. For no more than two consecutive years following this exemption, a student is eligible to take the Spanish version instrument, based on the decision of the student's language proficiency assessment committee. A limited English proficient student whose native language is other than Spanish or a student served in an English as a second language program may be exempted from the criterion-referenced instrument for no more than three consecutive years. (c) Based on criteria developed by the Texas Education Agency (TEA), the language proficiency assessment committee shall recommend appropriate alternative and formative assessment strategies in the primary language and/or English for each limited English proficient student exempted from the required state assessment in English. Alternative assessment shall be reported to TEA for integration into the state accountability system. (d) No student shall be exempted from an exit level examination based on limited English proficiency. However, a 10th grade student who is a recent immigrant with limited English proficiency may delay only one time the initial administration of the exit level assessment instrument until his or her 11th grade year. The term "recent immigrant" is defined as an immigrant entering the United States during the current or previous school year. Before the fall administration of the exit level test, each school district shall provide an appropriate intensive language program for any student whose exit level administration was deferred until Grade 11. (e) No student shall be exempted from a state-mandated end-of-course examination. Testing eligibility requirements shall be specified in the appropriate test administration instructions. (f) The appropriate test administration materials shall specify any allowable modifications available to nonexempt students in the administration of criterion-referenced assessment instruments. (g) A student shall be eligible to participate in any norm-referenced assessment adopted under the Texas Education Code (TEC), Chapter 35, Subchapter B, if he or she meets the selection criteria used in the national standardization of the particular examination. Eligibility requirements and allowable and nonallowable modifications shall be specified in the appropriate test administration materials. The language proficiency assessment committee may grant exemptions to students of limited English proficiency. The committee shall recommend appropriate alternative assessment strategies for each student exempted from the norm-referenced assessment program. The committee shall determine when the student has sufficient English proficiency to participate in the norm-referenced assessment program; however, it may not exempt a student for longer than three years. sec.101.4. Security and Confidentiality. (a) Violation of the security or confidential integrity of any examination is prohibited. The term "examination" is defined as any secure test or other assessment instrument required by state statute, rule, or regulation that is administered to assess student academic achievement or performance and takes place on the dates specified on the testing calendar developed by the commissioner of education. (b) Under the Texas Education Code (TEC), sec.13.046, the commissioner of education may sanction a person who engages in conduct prohibited by this section. (c) Procedures for maintaining the security and confidential integrity of all assessment instruments shall be specified in the appropriate test administration instructions. Conduct that violates the security or confidential integrity of an examination is defined as any departure from either the requirements established by the commissioner of education for the administration of an examination or from the procedures specified in the applicable test administration materials. Conduct of this nature may include, but is not limited to, the following acts and omissions: (1) viewing secure examination materials; (2) duplicating secure examination materials; (3) disclosing the contents of any portion of secure examination materials; (4) providing, suggesting, or indicating to an examinee a response or answer to any secure examination item; (5) changing or altering any response or answer of an examinee to a secure examination item; (6) aiding or assisting an examinee with a response or answer to any secure examination item; (7) encouraging or assisting an individual to engage in the conduct described in paragraphs (1) -(6) of this subsection; or (8) failing to report to appropriate authority that an individual has engaged in conduct set forth in paragraphs (1) -(7) of this subsection. (d) The superintendent or chief administrative officer of each school district shall develop procedures to ensure the security and confidential integrity of all assessment instruments and test items. The superintendent or chief administrative officer shall be responsible for notifying the Texas Education Agency (TEA) in writing of conduct that violates the security or confidential integrity of an examination. (e) To acknowledge the achievement of academic recognition, a student's parent or guardian, or where appropriate, the student, may waive in writing the confidentiality requirements of the TEC, sec.30.030. (f) A representative form of each assessment instrument required under the TEC, Chapter 35, Subchapter B, shall be made available periodically for public review and for formative student evaluations by school districts. Administrative procedures for maintaining the integrity of these representative assessment forms shall be specified in the appropriate test administration materials. sec.101.6. Local District Achievement Testing. (a) Districts participating in optional, local norm-referenced testing under the Texas Education Code (TEC), sec.35.026, shall use a norm-referenced instrument selected from a list approved by the State Board of Education (SBOE). (b) All norm-referenced assessment instruments approved by the SBOE shall be nationally recognized and meet accepted standards for educational testing. (c) To maintain the security of the contents of all assessment instruments, school districts shall follow procedures for test administration established by the commissioner of education. Violators of security provisions shall be subject to penalties under sec.101.4(b) of this title (relating to Security and Confidentiality). 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 10, 1994. TRD-9434449 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: January 31, 1994 Proposal publication date: September 24, 1993 For further information, please call: (512) 463-9701 Chapter 137. Professional Educator Preparation and Certification Subchapter M. Certification of Educators in General 19 TAC sec.137.414 The Texas Education Agency (TEA) adopts an amendment to sec.137.414, concerning teaching certificates for persons with criminal backgrounds, with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7403). Under Senate Bill 532, 73rd Texas Legislature, an academically qualified individual who would be eligible for certification to teach in a public school if he or she had not been convicted of a criminal offense may be issued a restricted teaching certificate. The adopted amendment to sec.137.414 establishes criteria and procedures for issuing restricted certification and limits instruction to a correctional facility operated by an agency or political subdivision of the state. Any incarcerated individual would be ineligible for the restricted certificate during the period of confinement. The change to the proposed text adds subsection (e)(4) to clarify that the provisions of the subsection do not supersede Texas Department of Criminal Justice policies. Windham ISD commented on the amendment, recommending the change adopted in this submission. The amendment is adopted under the Texas Education Code, sec.13.0323, which authorizes the State Board of Education to provide by rule for restricted certification as a teacher of an individual convicted of a criminal offense. sec.137.414. Teaching Certificates for Persons with Criminal Backgrounds. (a) Under Texas Civil Statutes, Article 6252-13c, the commissioner of education may suspend or revoke a teaching certificate or refuse to issue a teaching certificate to a person convicted of a felony or misdemeanor crime that directly relates to the duties and responsibilities of the teaching profession. (b) A crime may be considered to relate directly to the duties and responsibilities of the teaching profession when: (1) the crime involves moral turpitude; (2) the crime violates penal provisions in the Texas Education Code (TEC), Chapter 4; (3) the crime involves any form of sexual or physical abuse of a minor or other illegal conduct with a minor; (4) the crime involves conduct affecting students, parents of students, fellow employees, or professional colleagues; (5) the facts underlying the crime would support a felony conviction for possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance defined in Texas Civil Statutes, Article 4476-15; (6) the crime involves school property or funds; (7) the crime involves any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator; (8) the crime occurs wholly or in part on school property or at a school- sponsored activity; or (9) two or more crimes are committed within any 12-month period that involve public intoxication, operating a motor vehicle while under the influence of alcohol, or disorderly conduct. (c) Before a certificate may be denied under this section, the commissioner of education shall notify the applicant in writing of the intent to deny the certificate and the reasons for the denial, and the applicant shall have an opportunity to be heard. The commissioner's denial of a certificate may be appealed to the State Board of Education (SBOE). (d) The procedure for suspension and cancellation of a certificate or permit under this section shall comply with Chapter 157 of this title (relating to Hearings and Appeals). (e) Upon paying the fee for a provisional or professional teacher certificate, an individual academically qualified to teach in the public schools of this state may be certified under this subsection to serve as a teacher only in a correctional facility operated by an agency or political subdivision of the state. (1) An entity operating a correctional facility under contract with the state or a political subdivision of the state shall be deemed an agency or political subdivision of the state under this rule. (2) Any certificate issued under this subsection shall contain and prominently exhibit express language limiting the validity of the certificate to correctional facilities only. (3) An individual who is incarcerated in a correctional facility operated by an agency or political subdivision of the state shall be ineligible for certification under this subsection for the period of incarceration. (4) This subsection does not supersede Texas Department of Criminal Justice policy related to employment of personnel. 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 10, 1994. TRD-9434448 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: January 31, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-9701 Chapter 175. Proprietary Schools and Veterans Education Subchapter E. Minimum Standards for Operation of Texas Proprietary Schools 19 TAC sec.175.127 The Texas Education Agency (TEA) adopts an amendment to sec.175.127, concerning minimum standards for operation of proprietary schools, with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7404). Since the date this amendment to subsection (b)(11)(E)(iv) was filed as proposed, other amendments to the rule have been adopted. Subsection (b)(11) is now renumbered subsection (b)(12). This is the only change to the proposed text. The rule requires a school to have sufficient finances to establish and conduct a satisfactory program of education on a continuing basis. The amendment to subsection (b)(12)(E)(iv) allows the owner of a proprietary school to provide evidence of equity greater than $10 million in lieu of requirements in subsection (b)(12)(E)(ii) relating to the financial stability of a proprietary school. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.32.22, which authorizes the State Board of Education to adopt rules necessary to carry out provisions of the Proprietary School Act. sec.175.127. Minimum Standards for Operation of Proprietary Schools. (a) (No change.) (b) Schools desiring issuance and renewal of certificates of approval shall adhere to the following standards. (1) -(11) (No change.) (12) Financial stability. (A)-(D) (No change.) (E) Financial stability required. The school shall have sufficient finances to establish and carry out a satisfactory program of education on a continuing basis. (i) The balance sheet required in subparagraph (A) of this paragraph shall reflect sufficient cash to pay all expenses for the first three months of operation. To determine sufficient cash, see subparagraph (A)(iii) of this paragraph. (ii) The applicant's balance sheet required in subparagraphs (A)-(D) of this paragraph shall reflect all of the following: (I) positive equity or net worth balance; (II) unearned tuition as a current liability; and (III) a current ratio of at least one-to-one. To determine this ratio, staff will deduct any unearned tuition from both the asset and liability sections, and deduct from the asset section and the equity section of the balance sheet any subscription receivables and/or related party receivables in connection with loans to stockholders if the loan has been included in current assets for more than one year. (iii) The balance sheet shall reflect that stockholder's equity or net worth exceeds the amount shown for goodwill under assets in the balance sheet. (iv) A school is considered to have met the requirements of clauses (ii) and (iii) of this subparagraph if: (I) a school is owned by a publicly held corporation or corporations, whose issued securities are registered with the Securities Exchange Commission under the Securities Exchange Act of 1934, operating under the supervision of a federal bankruptcy court; and the school's administration of Title IV funds and tuition refunds has been found acceptable by the United States Department of Education and the Texas Guaranteed Student Loan Corporation; or (II) the equity of the owner of the school is greater than $10 million. (F)-(H) (No change.) (13)-(15) (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 January 10, 1994. TRD-9434447 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: January 31, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-9701 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 110. Required Notice of Coverage-General Provisions Subchapter A. Carrier Notices 28 TAC sec.110.4 The Texas Workers' Compensation Commission adopts the repeal of sec.110.4, concerning Employer and Insurance Carrier Duty to Provide Coverage Information, without changes to the proposed text as published in the August 6, 1993, issue of the Texas Register (18 TexReg 5192). The repeal of this rule is required by the adoption of sec.110.1, which incorporates the function of this rule. No comments were received regarding adoption of the repeal. The repeal of this rule is adopted under the Texas Labor Code, sec.402.061, which authorizes the commission to adopt rules necessary to administer the 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 7, 1994. TRD-9434390 Susan Cory General Counsel Texas Workers' Compensation Commission Effective date: February 1, 1994 Proposal publication date: August 6, 1993 For further information, please call: (512) 440-3592 Subchapter B. Employer Notices 28 TAC sec.sec.110.102, 110.103, 110.105, 110.106 The Texas Workers' Compensation Commission adopts the repeal of sec.sec.110. 102, 110.103, 110.105, and 110.106, concerning employers' requirements to notify the commission of coverage status and to notify the employees of coverage status through personal notice and through posted notices, without changes to the proposed text as published in the August 6, 1993, issue of the Texas Register (18 TexReg 5192). The repeal of these rules is required by the adoption of sec.110.101, which incorporates the function of these rules. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Labor Code, sec.402.061, which authorizes the commission to adopt rules necessary to administer the 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 7, 1994. TRD-9434391 Susan Cory General Counsel Texas Workers' Compensation Commission Effective date: February 1, 1994 Proposal publication date: August 6, 1993 For further information, please call: (512) 440-3592 Chapter 160. General Provisions 28 TAC sec.160.1 The Texas Workers' Compensation Commission adopts the repeal of sec.160.1, concerning an employer's requirement to notify employees of the existence of a toll-free hotline for reporting unsafe conditions in the workplace, without changes to the proposed text as published in the August 6, 1993, issue of the Texas Register (18 TexReg 5192). The repeal of this rule is required by the adoption of sec.110.101, which incorporates the function of this rule. No comments were received regarding adoption of the repeal. The repeal of this rule is adopted under the Texas Labor Code, sec.402.061, which authorizes the commission to adopt rules necessary to administer the 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 7, 1994. TRD-9434392 Susan Cory General Counsel Texas Workers' Compensation Commission Effective date: February 1, 1994 Proposal publication date: August 6, 1993 For further information, please call: (512) 440-3592 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 19. Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification The Texas Department of Human Services (DHS) adopts amendments to sec.sec.19. 1701, 19.1702, and 19.1807, concerning vendor payment (items and services included), additional charges (items and services excluded from vendor payment) , and rate-setting methodology, in its Long-Term Care Nursing Facility Requirements rule chapter. The amendment to sec.19.1807 is adopted with changes to the proposed text as published in the November 26, 1993, issue of the Texas Register (18 TexReg 8775). The amendments to sec.19.1701 and sec.19. 1702 are adopted without changes to the proposed text, and will not be republished. The justification for the amendments is to add the cost of oxygen as a Medicaid-covered prescription drug. The amendments result from a directive by the Health Care Financing Administration (HCFA). The amendments will function by providing for Medicaid recipients living in nursing facilities to receive medically-necessary oxygen as a Medicaid-covered benefit, and neither nursing facilities nor the recipient's family will have to absorb this cost. Comments concerning the proposal were received from the Texas Association of Homes for the Aging. The following is a summary of the comments and DHS's response. Comment: The commenter requested that DHS include oxygen concentrators as a reimbursable item, along with the other reimbursable delivery methods of tank and liquid oxygen. The commenter stated that since concentrators are safer and a more efficient method for oxygen delivery, not including this item would encourage providers to resort to inferior methods that DHS would reimburse. Response: DHS agrees with the comment and is adopting sec.19.1807(f)(1)(B) with a change to include oxygen concentrators as a reimbursable item. In addition, DHS is adopting sec.19.1807(4) with additional language needed to clarify billing guidelines. Subchapter R. Vendor Payment 40 TAC sec.19.1701, sec.19. 1702 The amendments are 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 and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments implement the Human Resources Code, sec.sec.22. 001 and 32.001-32.040. 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 10, 1994. TRD-9434410 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1994 Proposal publication date: November 26, 1993 For further information, please call: (512) 450-3765 Subchapter S. Reimbursement Methodology for Nursing Facilities 40 TAC sec.19.1807 The amendment 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 and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code, sec.sec.22. 001 and 32.001-32.040. sec.19.1807. Rate-Setting Methodology. (a)-(e) (No change.) (f) Oxygen costs. (1) DHS reimburses nursing facilities for the actual costs of oxygen. Payments are based on cost reimbursement vouchers that are to be submitted quarterly. Allowable costs are limited to expenses incurred for: (A) actual oxygen expenses up to a set amount determined by DHS, and (B) liquid oxygen, oxygen concentrators, and tank refills (oxygen only). (2) Durable medical equipment, including, but not limited to, tanks, concentrators, tubing, masks, valves, and regulators are included in the per diem (see sec.19.1701(b)(5)(A)(ii) of this title (relating to Vendor Payment (Items and Services Included)) for an explanation of covered durable medical equipment). (3) The facility must accept payment by DHS as payment in full for services, and neither the oxygen provider nor the facility may charge the recipient, his family, or his trust fund an additional fee. (4) Claims for services must be received by the 95th day from the last day of the preceding billing quarter assigned to the facility. (A) Rejected or adjusted claims may be resubmitted. These claims must be received by the 180th day from the date of the claim rejection. (B) Corrected claims must be received by the 180th day from the date of the paid claim. 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 10, 1994. TRD-9434411 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1994 Proposal publication date: November 26, 1993 For further information, please call: (512) 450-3765 Chapter 47. Primary Home Care Service Requirements 40 TAC sec.47.2914 The Texas Department of Human Services (DHS) adopts an amendment to sec.47. 2914, without changes to the proposed text as published in the December 3, 1993, issue of the Texas Register (18 TexReg 8868). The justification for the amendment is to allow the provider agency to formally suspend and the Community Care for Aged and Disabled (CCAD) worker to terminate primary home care when anyone in the client's home racially discriminates against the attendant or sexually harasses the attendant. The amendment will also allow the client to appeal the worker's decision before termination of services. Previously services to those clients were simply stopped because the provider agency could not find attendants to serve the client, leaving the client without services or the right to appeal. The amendment will function by allowing the client to continue receiving services pending the hearing, if he appeals the worker's decision to terminate services. No comments were received regarding adoption of the amendment. The amendment 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; and under Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code, sec. sec.22.001-22.024 and 32. 001-32.041. 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 7, 1994. TRD-9434363 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1994 Proposal publication date: December 3, 1993 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled Case Management 40 TAC sec.48.3903 The Texas Department of Human Services (DHS) adopts an amendment to sec.48. 3903, without changes to the proposed text as published in the December 3, 1993, issue of the Texas Register (18 TexReg 8869). The justification for the amendment is to allow the provider agency to formally suspend and the Community Care for Aged and Disabled (CCAD) worker to terminate all CCAD services when anyone in the client's home racially discriminates against the attendant or sexually harasses the attendant. The amendment will also allow the client to appeal the worker's decision before termination of services. Previously services to those clients were simply stopped because the provider agency could not find attendants to serve the client, leaving the client without services or the right to appeal. The amendment will function by allowing the client to continue receiving services pending the hearing, if he appeals the worker's decision to terminate services. No comments were received regarding adoption of the amendment. The amendment 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; and under Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code, sec. sec.22.001-22.024 and 32. 001-32.041. 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 7, 1994. TRD-9434362 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1994 Proposal publication date: December 3, 1993 For further information, please call: (512) 450-3765 Chapter 53. Family Care Service Delivery Requirements 40 TAC sec.53.404 The Texas Department of Human Services (DHS) adopts an amendment to sec.53. 404, without changes to the proposed text as published in the December 3, 1993, issue of the Texas Register (18 TexReg 8869). The justification for the amendment is to allow the provider agency to formally suspend and the Community Care for Aged and Disabled (CCAD) worker to terminate family care when anyone in the client's home racially discriminates against the attendant or sexually harasses the attendant. The amendment will also allow the client to appeal the worker's decision before termination of services. Previously services to those clients were simply stopped because the provider agency could not find attendants to serve the client, leaving the client without services or the right to appeal. The amendment will function by allowing the client to continue receiving services pending the hearing, if he appeals the worker's decision to terminate services. No comments were received regarding adoption of the amendment. The amendment 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; and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code, sec. sec.22.001-22.024 and 32. 001-32.041. 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 7, 1994. TRD-9434361 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1994 Proposal publication date: December 3, 1993 For further information, please call: (512) 450-3765