Part I.
Texas Higher Education Coordinating Board
Chapter 21.
Student Services
Subchapter P. Professional Nurses' Student Loan Repayment Program
19 TAC §21.509
The Texas Higher Education Coordinating Board adopts amendment
to Chapter 21, Subchapter P, §21.509, concerning Professional Nurses'
Student Loan Repayment Program (Priorities of Application Approval) without
changes to the proposed text as published in the September 26, 1997, issue
of the
Texas Register
(22 TexReg
9570).
There were no comments received concerning the proposed amendment.
The amendment is adopted under Texas Education Code, §61.656
and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996) which provides the Texas
Higher Education Coordinating Board with the authority to adopt rules concerning
Professional Nurses' Student Loan Repayment Program (Priorities of Application
Approval).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801096
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordination Board
Effective date: February 12, 1998
Proposal publication date: September 26, 1997
For further information, please call: (512) 483-6162
19 TAC §21.1055, §21.1057
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 21, Subchapter HH, §21.1055 and §21.1057, concerning
Exemption Program for Texas Air and Army National Guard/ROTC Students without
changes to the proposed text as published in the September 26, 1997, issue
of the
Texas Register
(22 TexReg 9570).
There were no comments received concerning the proposed rules.
The amendments are adopted under Texas Education Code, §61.027
and §54.212 and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996) which provides
the Texas Higher Education Coordinating Board with the authority to adopt
rules concerning Exemption Program for Texas Air and Army National Guard/ROTC
Students.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801097
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordination Board
Effective date: February 12, 1998
Proposal publication date: September 26, 1997
For further information, please call: (512) 483-6162
Subchapter F. Provisions for the Scholarship Programs for Vocational Nursing Student
19 TAC §22.103, §22.104
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 22, Subchapter F, §22.103 and §22.104, concerning Provisions
for the Scholarship Programs for Vocational Nursing Students without changes
to the proposed text as published in the September 26, 1997, issue of the
There were no comments received concerning the proposed amendments.
The amendments are adopted under Texas Education Code, Section
61.656 and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996) which provides the
Texas Higher Education Coordinating Board with the authority to adopt rules
concerning Provisions for the Scholarship Programs for Vocational Nursing
Students.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801098
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordination Board
Effective date: February 12, 1998
Proposal publication date: September 26, 1997
For further information, please call: (512) 483-6162
19 TAC §§22.123, 22.124, 22.125
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 22, Subchapter G, §22.123, §22.124, §22.125, concerning
Provisions for the Scholarship Programs for Professional Nursing Students
without changes to the proposed text as published in the September 26, 1997,
issue of the
Texas Register
(22 TexReg 9570).
There were no comments received concerning the proposed amendments.
The amendments are adopted under Texas Education Code, §61.656
and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996) which provides the Texas
Higher Education Coordinating Board with the authority to adopt rules concerning
Provisions for the Scholarship Programs for Professional Nursing Students.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801099
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordination Board
Effective date: February 21, 1998
Proposal publication date: September 26, 1997
For further information, please call: (512) 483-6162
22 TAC §22.163
The Texas Higher Education Coordinating Board adopts amendment
to Chapter 22, Subchapter I, §22.163, concerning Provisions for the Fifth-Year
Accounting Student Scholarship Program (Eligible Students) without changes
to the proposed text as published in the September 26, 1997, issue of the
There were no comments received concerning the proposed amendment.
The amendment is adopted under Texas Education Code, §61.755
and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996) which provides the Texas
Higher Education Coordinating Board with the authority to adopt rules concerning
Fifth-Year Accounting Student Scholarship Program (Eligible Students).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801100
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordination Board
Effective date: February 12, 1998
Proposal publication date: September 26, 1997
For further information, please call: (512) 483-6162
Chapter 66.
State Adoption and Distribution of Instructional Materials
Subchapter B. State Adoption of Instructional Materials
19 TAC §66.28
The Texas Education Agency (TEA) adopts new §66.28,
concerning the identification of the essential knowledge and skills that will
be used in evaluating textbooks. The new section is adopted with changes to
the proposed text as published in the November 28, 1997, issue of the
The new section is necessary to specify essential knowledge and skills
that would be used to evaluate instructional materials submitted under Proclamation
1997 of the State Board of Education (SBOE) Advertising for Bids on New Instructional
Materials. The Texas Education Code, Chapter 28, requires that the SBOE, by
rule, identify the Texas essential knowledge and skills (TEKS) that will be
used in evaluating textbooks. In July 1997, the SBOE adopted new TEKS for
the broad categories of English Language Arts and Reading and Spanish Language
Arts and Reading. The newly adopted TEKS for these two categories do not,
however, specify which of the TEKS are to be used in the individual subject
areas that will be adopted.
The following change has been made to the rule since it was published as
proposed.
Subsection (b) of the rule has been deleted since the SBOE has rule-making
authority in this area.
No public comments were received regarding adoption of the new section.
The new section is adopted under the Texas Education Code, §28.002,
which authorizes the State Board of Education, to identify the essential knowledge
and skills.
§66.28. Adoption by Reference.
The sections titled "Content Requirements" in the
1997 Proclamation of the State Board of Education Advertising for Bids on
Instructional Materials
are adopted by this reference as the agency's
official rule governing essential knowledge and skills that shall be used
to evaluate instructional materials submitted for consideration under Proclamation
1997. A copy of the
1997 Proclamation of the State
Board of Education Advertising for Bids on Instructional Materials
is available for examination during regular office hours, 8:00 a.m. to 5:00
p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency,
1701 North Congress Avenue, Austin, Texas 78701.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
26, 1998.
TRD-9801133
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: February 15, 1998
Proposal publication date: November 28, 1997
For further information, please call: (512) 463-9701
Subchapter C. Adoptions by Reference
19 TAC §109.41
The Texas Education Agency (TEA) adopts an amendment to §109.41,
concerning the "Financial Accountability System Resource Guide." The amendment
is adopted without changes to the proposed text as published in the November
28, 1997, issue of the
Texas Register
(22
TexReg 11622) and will not be republished.
Section 109.41 adopts by reference the "Financial Accountability System
Resource Guide" as the TEA's official rule. The "Resource Guide" describes
rules for financial accounting such as financial reporting; budgeting; purchasing;
auditing; site-based decision making; data collection and reporting; and management.
Public school districts use the "Resource Guide" to meet the accounting, auditing,
budgeting, and reporting requirements as set forth in the Texas Education
Code and other state statutes relating to public school finance. The adopted
amendment will improve financial accountability for educational programs in
the Texas school system and keep financial management practices current with
changes in state law and federal rules and regulations. Under §109.41(b),
the commissioner of education shall amend the "Financial Accountability System
Resource Guide," adopting it by reference, as needed.
No public comments have been received since the section was published as
proposed.
The amendment is adopted under the Texas Education Code, §§7.102(b)(33),
44.007, and 44.008, which authorizes the State Board of Education to adopt
rules relating to school district budgets and audits of school district fiscal
accounts.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
26, 1998.
TRD-9801142
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: February 15, 1998
Proposal publication date: November 28, 1997
For further information, please call: (512) 463-9701
Chapter 177.
Standards, Ethics, and Practices
19 TAC §177.1
The Texas Education Agency (TEA) adopts the repeal of §177.1,
concerning teacher standards, ethics, and practices, on behalf of the Teachers'
Professional Practices Commission, which was abolished in accordance with
House Bill 2585, 73rd Texas Legislature, 1993. The repeal is adopted without
changes to the proposed text as published in the November 28, 1997, issue
of the
Texas Register
(22 TexReg 11628) and
will not be republished. The rule will be replaced with new 19 TAC Chapter
247, relating to educators' code of ethics, which was proposed by the State
Board for Educator Certification (SBEC) and adopted by the State Board of
Education, in accordance with Conforming Amendments to Senate Bill 1, 74th
Texas Legislature, 1995, §63(i). The TEA will ensure that current rules
remain in place until new rules are adopted. Adopted new 19 TAC Chapter 247
is filed in a separate submission.
No public comments were received regarding adoption of the new rule.
The repeal is adopted under Conforming Amendments to Senate Bill
1, 74th Texas Legislature, 1995, §63(i), which authorizes the State Board
for Educator Certification to adopt rules on standards, ethics and practices.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
26, 1998.
TRD-9801134
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Teachers' Professional Practices Commission
Effective date: March 1, 1998
Proposal publication date: November 28, 1997
For further information, please call: (512) 463-9701
Chapter 229.
Accountability System for Educator Preparation
19 TAC §§229.1-229.5
The State Board of Education (SBOE) adopts new §§229.1-229.5,
concerning accountability system for educator preparation. The new sections
are adopted without changes to the proposed text as published in the November
28, 1997, issue of the
Texas Register
(22
TexReg 11628) and will not be republished. Texas Education Code, §21.045(e),
states that not later than September 1, 1998, an educator preparation program
must meet the accreditation standards proposed by the board (State Board for
Educator Certification) and adopted by the SBOE. The new sections will appear
under the State Board for Educator Certification (SBEC) portion of the Texas
Administrative Code. The new sections outline the implementation of the accountability
system and the standards for accrediting educator preparation entities.
Adopted new 19 TAC Chapter 229, Accountability System for Educator Preparation,
will hold educator preparation programs responsible for the performance of
their students to assure the state of a diverse and well- qualified educator
workforce. The new sections address the accreditation and, when required,
oversight of educator preparation programs. Reports will be sent to each educator
preparation program annually. Entities with a rating of "Accredited - Under
Review" will submit action plans to the SBEC. The new sections replace current
19 TAC §§230.1-230.4. The adopted repeal of §§230.1-230.4
is filed in a separate submission.
The following public comment was received since the rules were published
as proposed.
Comment. The Texas Business and Education Coalition commented in support
of the proposed new rules, in particular, the strong accountability standards.
The new sections are adopted under Texas Education Code (TEC),
§21.045(e), which states that not later than September 1, 1998, an educator
preparation program must meet the accreditation standards proposed by the
board and adopted by the SBOE. In addition, TEC, §21.045, requires the
SBEC to propose rules establishing standards to govern the continuing accountability
of all educator preparation programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
26, 1998.
TRD-9801124
Dr. Criss Cloudt and Dr. Mark Littleton
Associate Commissioner, Policy Planning and Research and Executive Director
State Board for Educator Certification
Effective date: March 1, 1998
Proposal publication date: November 28, 1997
For further information, please call: (512) 469-3012
Subchapter A. Assessment of Educators
19 TAC §§230.1-230.4
The State Board for Educator Certification adopts the repeal
of §§230.1-230.4, concerning educator preparation accountability
system, without changes to the proposed text as published in the October 31,
1997, issue of the
Texas Register
(22 TexReg
10596) and will not be republished.
The repeals are necessary because new rules on the accountability system
for educator preparation will be adopted in new 19 TAC Chapter 229, by the
Texas Education Agency (State Board of Education) with a March 1, 1998, effective
date.
No comments were received regarding adoption of the repeals.
The repeals are adopted under Texas Education Code (TEC), Chapter
21, Subchapter B, §21.045, which requires the State Board for Educator
Certification to propose rules establishing standards to govern the continuing
accountability of all educator preparation programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801044
Dr. Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: March 1, 1998
Proposal publication date: October 31, 1997
For further information, please call: (512) 469-3012
19 TAC §230.512
The State Board for Educator Certification adopts new §230.512,
concerning emergency certificates, without changes to the proposed text as
published in the October 31, 1997, issue of the
Texas Register
(22 TexReg 10598) and will not be republished.
This rule reflects an interim change to existing rules on emergency permits
until a new certification system can be developed. The new rule aligns current
19 TAC, Chapter 230, Subchapter Q (regarding permits) with language contained
in Texas Education Code (TEC) Chapter 21, Subchapter B, §21.041(b)(2).
The emergency certificate allows the district to fill vacancies with a qualified
individual when certified individuals are not available.
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Education Code (TEC), Chapter
21, Subchapter B, §21.041(b)(2) which requires the State Board for Educator
Certification to propose rules that specify the classes of certificates to
be issued including emergency certificates.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801045
Dr. Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: March 1, 1998
Proposal publication date: October 31, 1997
For further information, please call: (512) 469-3012
19 TAC §§244.1-244.4
The State Board for Educator Certification proposes new §§244.1-244.4,
concerning certificate of completion of training for appraisers, without changes
to the proposed text as published in the October 31, 1997, issue of the
The new rules are necessary so that educators will be assured that appraisers
have been trained to understand and implement an appraisal process.
No comments were received regarding adoption of the new rules.
The new sections are adopted under the Texas Education Code (TEC),
Chapter 21, Subchapter B, §21.041(b)(10), which requires the State Board
for Educator Certification to propose rules providing for the certification
of persons performing appraisals under TEC Chapter 21, Subchapter H.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
23, 1998.
TRD-9801046
Dr. Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: March 1, 1998
Proposal publication date: October 31, 1997
For further information, please call: (512) 469-3012
Subchapter HH. Exemption Program for Texas Air and Army National Guard/ROTC Students
Chapter 22.
Grant and Scholarship Programs
Subchapter G. Provisions for the Scholarship Programs for Professional Nursing Students
Subchapter I. Provisions for the Fifth-Year Accounting Student Scholarship Program
Part II.
Texas Education Agency
Chapter 109.
Budgeting, Accounting, and Auditing
Part III.
Teachers' Professional Practices Commission
Part VII.
State Board for Educator Certification
Chapter 230.
Professional Educator Preparation and Certifications
Subchapter Q. Permits
Chapter 244.
Certificate of Completion of Training for Appraisers
Chapter 247.
Educators' Code of Ethics