Part 2.
TEXAS EDUCATION AGENCY
Chapter 33.
STATEMENT OF INVESTMENT OBJECTIVES, POLICIES, AND GUIDELINES OF THE TEXAS PERMANENT SCHOOL FUND
19 TAC §33.40
The Texas Education Agency (TEA) proposes an amendment to §33.40,
concerning trading and brokerage policy of the Texas Permanent School Fund
(PSF). The section establishes procedures and guidelines concerning security
transaction policy, directed trades, and selection of a brokerage firm.
The proposed amendment would amend language in subsection (c) to bring
the brokerage selection guidelines for historically-underutilized business
(HUB) certified, soft dollar, commission recapture, and electronic communications
network (ECN) brokers into line with the basic business models of those types
of brokerage concerns. A technical correction is also proposed to the phrase
"Direct Trades" in subsection (b) for consistency with
Texas Register
format requirements.
Paul Ballard, acting executive administrator of the Texas Permanent School
Fund, has determined that for the first five-year period the section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. Ballard and Criss Cloudt, associate commissioner for policy planning
and research, have determined that for each year of the first five years the
section is in effect the public benefit anticipated as a result of enforcing
the section will be that the income of the PSF would flow to school districts
and reduce the tax burden to the public and the State of Texas. There will
not be an effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Criss Cloudt, Policy Planning
and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701.
Comments may also be submitted electronically to
rules@tmail.tea.state.tx.us
or faxed to (512) 475-3499. All requests
for a public hearing on the proposed section submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of a proposed change in the section has been
published in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §7.102(c)(31),
which authorizes the State Board of Education to invest the PSF within the
limits of the authority granted by the Texas Constitution, Article VII, §5,
and the Texas Education Code, Chapter 43.
The amendment implements the Texas Education Code, §7.102(c)(31).
§33.40. Trading and Brokerage Policy.
(a)
(No change.)
(b)
Directed
trades
[
(c)
Guidelines for selecting a brokerage firm.
(1)
(No change.)
(2)
Guidelines for selection. The broker or dealer firm
must:
(A)
have appropriate trading and [
(B)
have comprehensive, proprietary,
in-house research capabilities;
(C)
[
(D)
[
(E)
[
(F)
[
(G)
[
(H)
[
(I)
[
(J)
[
(3)
Exemptions. Broker
or dealer firms certified as historically underutilized businesses, utilized
for soft dollar or commission recapture, or operating as electronic communication
networks may be exempted from the requirements specified in subsection (c)(2)(B),
(D), and (H) of this section.
[
Relationship with historically
underutilized business. A broker or dealer firm may have an independent contractual
relationship with a historically underutilized business.]
(4)
Reporting requirements.
The executive administrator of the PSF will report to the SBOE Committee on
School Finance/Permanent School Fund, on an ongoing basis, a list of broker
dealers with whom the PSF has conducted business during the fiscal year that
have been granted exemptions under subsection (c)(2)(B), (D), and (H) of this
section and will identify the specific exemptions granted.
(5)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on January 24, 2000.
TRD-200000436
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: March 5, 2000
For further information, please call: (512) 463-9701
Subchapter AA. COMMISSIONER'S RULES
19 TAC §76.1001
The Texas Education Agency (TEA) proposes new §76.1001,
concerning extracurricular activities. The new section establishes definitions,
requirements, and procedures for participation in and practice for extracurricular
activities during the school day and school week.
Texas Education Code (TEC), §7.102(c)(27), as amended by House Bill
(HB) 3573, 76th Texas Legislature, 1999, transferred authority for rules on
extracurricular activities from the State Board of Education to the commissioner
of education. Proposed new §76.1001 fulfills by commissioner's rule limitations
for participation in and practice for extracurricular activities during the
school day and school week required under TEC, §33.081.
Proposed new §76.1001 reflects the change in law under TEC, §33.0811,
as added by HB 3573, 76th Texas Legislature, 1999, that allows local school
district board of trustees to adopt policies that establish the number of
days students may miss class for extracurricular participation. The proposed
new section retains the requirement for school districts to maintain a record
of the absences incurred for each student. The proposed new section allows
school districts the local option to schedule extracurricular activities the
evening or day before a statewide administration of the Texas Assessment of
Academic Skills test, but the commissioner of education encourages school
districts to avoid scheduling these activities at those times to the extent
possible. The proposed new section also eliminates the maximum class period
requirement of 60 minutes per day for an extracurricular practice class found
in board rule; however, the new rule retains the requirements of not allowing
an extracurricular practice class to be longer in duration than academic classes,
as well as the 300 minutes per school week maximum allowed in board rule for
an extracurricular practice class. Proposed new §76.1001 retains the
balance of the provisions in board rule found in §76.1.
Virgil E. Flathouse, associate commissioner for school finance and operations,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the new section.
Mr. Flathouse and Criss Cloudt, associate commissioner for policy planning
and research, have determined that for each year of the first five years the
section is in effect the public benefit anticipated as a result of enforcing
the section will be continuity with previously adopted extracurricular activities
and clarification of issues regarding participation in and practice for extracurricular
activities, which reflect changes brought about by HB 3573, 76th Texas Legislature,
1999. There will not be an effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the proposed new
section.
Comments on the proposal may be submitted to Criss Cloudt, Policy Planning
and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701.
Comments may also be submitted electronically to
rules@tmail.tea.state.tx.us
or faxed to (512) 475-3499. All requests
for a public hearing on the proposed section submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of a proposed change in the section has been
published in the
Texas Register
.
The new section is proposed under the Texas Education Code, §7.102(c)(27),
as amended by House Bill 3573, 76th Texas Legislature, 1999, which authorizes
the commissioner of education to adopt rules relating to extracurricular activities
under Texas Education Code, §33.081.
The new section implements the Texas Education Code, §7.102(c)(27),
as amended by House Bill 3573, 76th Texas Legislature, 1999.
§76.1001. Extracurricular Activities.
(a)
An extracurricular activity is an activity sponsored by
the University Interscholastic League (UIL), the school district board of
trustees, or an organization sanctioned by resolution of the board of trustees.
The activity is not necessarily directly related to instruction of the essential
knowledge and skills but may have an indirect relation to some areas of the
curriculum. Extracurricular activities include, but are not limited to, public
performances, contests, demonstrations, displays, and club activities, with
the exception of public performances specified in paragraph (2) of this subsection.
(1)
In addition, an activity shall be subject to the provisions
for an extracurricular activity if any one of the following criteria apply:
(A)
the activity is competitive;
(B)
the activity is held in conjunction with another activity
that is considered to be extracurricular;
(C)
the activity is held off campus, except in a case in which
adequate facilities do not exist on campus;
(D)
the general public is invited; or
(E)
an admission is charged.
(2)
A student ineligible to participate in an extracurricular
activity, but who is enrolled in a state-approved course that requires demonstration
of the mastery of the essential knowledge and skills in a public performance,
may participate in the performance subject to the following requirements and
limitations.
(A)
Only the criterion listed in paragraph (1)(D) of this
subsection applies to the performance.
(B)
The requirement for student participation in public is
stated in the essential knowledge and skills of the course.
(b)
The school week is defined as beginning at 12:01 a.m.
on the first instructional day of the calendar week and ending at the close
of instruction on the last instructional day of the calendar week, excluding
holidays.
(c)
In accordance with the provisions of the Texas Education
Code (TEC), §33.0811, the number of times that a school district may
allow a student to miss a class for extracurricular participation during a
school year shall be determined by the school district board of trustees.
Each school district must maintain an accurate record of extracurricular absences
for each student in the school district each school year.
(d)
Limitations on practice, rehearsal, and student participation
in extracurricular activities during the school week shall be as follows.
(1)
For any given extracurricular activity, a student may
not participate in more than one activity per school week, excluding holidays,
except as provided in paragraph (2) of this subsection.
(2)
In addition to the limit specified in paragraph (1)
of this subsection of one extracurricular activity permitted per school week,
a student may also participate in a tournament or post-district contest, as
well as a contest postponed by weather or public disaster that may determine
advancement to a post-district level of competition.
(3)
For each extracurricular activity, a school district
must limit students to a maximum of eight hours of practice and rehearsal
outside the school day per school week.
(4)
The commissioner of education recommends that a school
district avoids the scheduling of extracurricular activities or public performances
to occur on the day immediately preceding or evening immediately preceding
the day on which the administration of the Texas Assessment of Academic Skills
(TAAS) test is scheduled for Grades 3-8 and 10.
(e)
Limitations on practice and rehearsal for extracurricular
activities during the school day shall be as follows.
(1)
A school district must limit a student to one period of
practice during the regularly scheduled school day for extracurricular activities,
such as athletics, or drill team, or cheerleading.
(2)
The limit specified in paragraph (1) of this subsection
of one period per school day for practice in an extracurricular activity does
not prohibit a student from enrolling in any state-approved class. A student
who is enrolled in a state-approved class that includes essential knowledge
and skills that relate to the preparation for an extracurricular activity
may practice that extracurricular activity no more than one period during
the school day.
(3)
A student may not be permitted to miss a scheduled
academic class to practice for an unrelated extracurricular activity.
(4)
A school district must limit extracurricular practice
during the school day to ensure that class periods for extracurricular practice
do not exceed the time allotted for other class periods.
(5)
A school operates on a traditional class schedule
or on a non-traditional class schedule, such as an alternating, accelerated,
or a modified block schedule. Regardless of the schedule type in place, a
school may elect to practice extracurricular activities daily, provided the
total minutes allowed for the extracurricular practice is not greater than
300 minutes during the school week.
(f)
The provisions of this section apply to any UIL activity.
Any other organization requiring student participation that causes a student
to miss a class may request sanction from the school district board of trustees.
If the organization is sanctioned by resolution of the board of trustees,
student participation in the organization's activities shall be subject to
all provisions of this section and statute. Any absence incurred by a student
while participating with an organization that has not received sanction from
the school district board of trustees shall be subject to provisions of the
TEC related to student attendance.
Filed with the Office
of the Secretary of State, on January 24, 2000.
TRD-200000437
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: March 5, 2000
For further information, please call: (512) 463-9701
Subchapter C. HEARINGS HELD UNDER THE TEXAS DRIVER AND TRAFFIC SAFETY EDUCATION ACT
19 TAC §157.31
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Education Agency or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Education Agency (TEA) proposes the repeal
of §157.31, concerning hearings held under the Texas Driver and Traffic
Safety Education Act. The section establishes hearing rules for commercial
driver training schools and driver training instructors regulated under the
Texas Driver and Traffic Safety Education Act.
Senate Bill 777, 76th Texas Legislature, 1999, amended the Texas Driver
and Traffic Safety Education Act and transferred all rulemaking authority
for the regulation of driver training programs from the State Board of Education
to the commissioner of education. This proposed repeal is necessary since
identical provisions have been adopted under the commissioner of education's
rulemaking authority and are found in 19 TAC §176.1301, which became
effective December 26, 1999.
David Anderson, chief counsel, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the repeal.
Mr. Anderson and Criss Cloudt, associate commissioner for policy planning
and research, have determined that for each year of the first five years the
repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be to ensure that hearing rules under the Texas Driver and
Traffic Safety Education Act are designated appropriately to the commissioner
of education in accordance with statute. There will not be an effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal.
Comments on the proposal may be submitted to Criss Cloudt, Policy Planning
and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701.
Comments may also be submitted electronically to
rules@tmail.tea.state.tx.us
or faxed to (512) 475-3499. All requests
for a public hearing on the proposed section submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of a proposed change in the section has been
published in the
Texas Register
.
The repeal is proposed under Texas Civil Statutes, Article 4413(29c), §6,
as amended by Senate Bill 777, 76th Texas Legislature, 1999, which authorizes
the commissioner of education to adopt rules necessary to implement the Texas
Driver and Traffic Safety Education Act.
The repeal implements Texas Civil Statutes, Article 4413(29c), §6,
as amended by Senate Bill 777, 76th Texas Legislature, 1999.
§157.31. Rules of Procedure.
Filed with the
Office of the Secretary of State, on January 24, 2000.
TRD-200000438
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: March 5, 2000
For further information, please call: (512) 463-9701
The Texas Education Agency (TEA) proposes the repeal of §§176.1
- 176.21 and 176.101 - 176.122, concerning driver training schools. The sections
establish minimum standards of operation for driver training schools and for
driving safety schools and course providers, including definitions, requirements,
and procedures related to: school and instructor licensure; exempt schools;
school personnel; courses of instruction; school facilities and equipment;
student complaints; records; and application fees and other charges.
Senate Bill 777, 76th Texas Legislature, 1999, amended the Texas Driver
and Traffic Safety Education Act and transferred all rulemaking authority
for the regulation of driver training programs from the State Board of Education
to the commissioner of education. This proposed repeal of rules governing
driver training schools is necessary since rules for driver training schools
have been adopted under the commissioner of education's rulemaking authority
and are found in 19 TAC Chapter 176, Subchapter AA and Subchapter BB, which
became effective December 26, 1999.
Robert Muller, associate commissioner for continuing education and school
improvement, has determined that for the first five-year period the repeals
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the repeals.
Mr. Muller and Criss Cloudt, associate commissioner for policy planning
and research, have determined that for each year of the first five years the
repeals are in effect the public benefit anticipated as a result of enforcing
the repeals will be to ensure that rules governing driver training schools
are designated appropriately to the commissioner of education in accordance
with statute. There will not be an effect on small businesses. There is no
anticipated economic cost to persons who are required to comply with the repeals.
Comments on the proposal may be submitted to Criss Cloudt, Policy Planning
and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701.
Comments may also be submitted electronically to
rules@tmail.tea.state.tx.us
or faxed to (512) 475-3499. All requests
for a public hearing on the proposed sections submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of a proposed change in the sections has been
published in the
Texas Register
.
Subchapter A. MINIMUM STANDARDS FOR OPERATION OF TEXAS DRIVER EDUCATION SCHOOLS
19 TAC §§176.1 - 176.21
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Education Agency or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Civil Statutes,
Article 4413(29c), §6, as amended by Senate Bill 777, 76th Texas Legislature,
1999, which authorizes the commissioner of education to adopt rules necessary
to implement the Texas Driver and Traffic Safety Education Act.
The repeals implement Texas Civil Statutes, Article 4413(29c), §6,
as amended by Senate Bill 777, 76th Texas Legislature, 1999.
§176.1. General Requirements and Purpose of Standards.
§176.2. Definitions.
§176.3. Exemptions.
§176.4. School Licensure.
§176.5. Applications from Small Businesses.
§176.6. Driver Education School Responsibility for Employees.
§176.7. School Directors and Administrative Staff Members.
§176.8. Driver Education Instructor License.
§176.9. Courses of Instruction.
§176.10. Contracts - Students.
§176.11. Progress.
§176.12. Attendance.
§176.13. Makeup and Alternative Scheduling.
§176.14. Conduct Policy.
§176.15. Cancellation and Refund Policy.
§176.16. Facilities and Equipment.
§176.17. Motor Vehicles.
§176.18. Student Complaints.
§176.19. Records.
§176.20. Names and Advertising.
§176.21. Application Fees and Other Charges.
Filed with the
Office of the Secretary of State, on January 24, 2000.
TRD-200000439
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: March 5, 2000
For further information, please call: (512) 463-9701
19 TAC §§176.101 - 176.122
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Education Agency or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Civil Statutes,
Article 4413(29c), §6, as amended by Senate Bill 777, 76th Texas Legislature,
1999, which authorizes the commissioner of education to adopt rules necessary
to implement the Texas Driver and Traffic Safety Education Act.
The repeals implement Texas Civil Statutes, Article 4413(29c), §6,
as amended by Senate Bill 777, 76th Texas Legislature, 1999.
§176.101. General Information.
§176.102. Definitions.
§176.103. Exemptions.
§176.104. Driving Safety School Licensure.
§176.105. Course Provider Licensure.
§176.106. Applications from Small Businesses.
§176.107. Driving Safety School and Course Provider Responsibilities.
§176.108. Administrative Staff Members.
§176.109. Driving Safety Instructor License.
§176.110. Courses of Instruction.
§176.111. Contracts - Students.
§176.112. Progress.
§176.113. Attendance.
§176.114. Makeup and Alternative Scheduling.
§176.115. Conduct Policy.
§176.116. Cancellation and Refund Policy.
§176.117. Facilities and Equipment.
§176.118. Motor Vehicles.
§176.119. Student Complaints.
§176.120. Records.
§176.121. Names and Advertising.
§176.122. Application Fees and Other Charges.
Filed with the Office of the Secretary of State, on January 24, 2000.
TRD-200000440
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: March 5, 2000
For further information, please call: (512) 463-9701
Chapter 227.
PROVISIONS FOR EDUCATOR PREPARATION STUDENTS
[
Trades
]. The SBOE
may adopt directed trade procedures for the PSF portfolio according to procedures
developed by the SBOE Committee on School Finance/Permanent School Fund.
comprehensive, proprietary,
in-house research capabilities and
] market expertise;
(B)
] be in compliance with applicable
federal and Texas laws related to conducting business as a broker or dealer;
(C)
] be a member in good standing
of the major financial exchanges;
(D)
] have on-site, in-house trading
capability and direct access to major markets;
(E)
] have in-house access to trading
support equipment;
(F)
] trade for competitive rates
that provide the lowest transaction cost consistent with best execution;
(G)
] be financially able to accommodate
a capital commitment trade over an industry standard settlement period;
(H)
] have the ability and record
to clear and settle trades without unnecessary delays or fails; and
(I)
] have been in business as a
broker or dealer for a reasonable period of time to ensure financial and operational
stability.
(3)
(4)
] Review and evaluation.
At least annually, the SBOE Committee on School Finance/Permanent School Fund
shall review the brokerage firms used by PSF investment managers and all transactions
for compliance with the provisions of this section.
Chapter 76.
EXTRACURRICULAR ACTIVITIES
Chapter 157.
HEARINGS AND APPEALS
Chapter 176.
DRIVER TRAINING SCHOOLS
Subchapter B. MINIMUM STANDARDS FOR OPERATION OF TEXAS DRIVING SAFETY SCHOOLS AND COURSE PROVIDERS
Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
ADMISSION TO AN EDUCATOR PREPARATION PROGRAM
]
TEACH FOR TEXAS PILOT PROGRAM