PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 22, Subchapter A, §22.6, General Provisions without changes to the proposed text as published in the April 28, 2023, issue of the Texas Register (48 TexReg 2175). The rules will not be republished.
This adopted amendment provides the Coordinating Board the flexibility to respond to unforeseen exigent circumstances that may otherwise significantly impact students' ability to meet the financial aid priority deadline. Texas Education Code, Section 56.008, requires the Coordinating Board to establish a rule outlining a uniform priority application deadline for applications for financial assistance for an academic year and to consult financial aid personnel at institutions in doing so. Texas Administrative Code, Section 22.6, fulfills this requirement, though it currently does not provide the flexibility for the Coordinating Board to respond to unforeseen exigent circumstances. The adopted amendment provides that flexibility in a manner that continues to require consultation with financial aid personnel.
The following comments were received regarding adoption of the amendments.
Comments: Two comments were received in support of the amendments from the Austin Chamber of Commerce and the Texas College Access Network. The comments did not propose any changes to the amendments.
Response: The Coordinating Board appreciates and agrees with the comments supporting adoption of the revisions.
The amendment is adopted under Texas Education Code, Section 56.008, which provides the Coordinating Board with the authority to establish a rule outlining a uniform priority application deadline for applications for financial assistance for an academic year.
The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 28, 2023.
TRD-202302692
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 17, 2023
Proposal publication date: April 28, 2023
For further information, please call: (512) 427-6365
CHAPTER 100. CHARTERS
SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS
DIVISION 1. GENERAL PROVISIONS
The Texas Education Agency adopts new §100.1019, concerning application to adult high school charters. The amendment is adopted without changes to the proposed text as published in the May 19, 2023 issue of the Texas Register (48 TexReg 2556) and will not be republished. The adopted new rule implements Senate Bill (SB) 1615, 87th Texas Legislature, Regular Session, 2021, by providing requirements for the administration of the adult high school open-enrollment charter application process.
REASONED JUSTIFICATION: Adopted new §100.1019 implements SB 1615, 87th Texas Legislature, Regular Session, 2021, which added Texas Education Code (TEC), §12.265, regarding adult high school charters. The new rule specifies which portions of the open-enrollment charter application process codified in 19 TAC §100.1002, Application and Selection Procedures and Criteria, apply to adult high school charters.
The adopted new rule is constructed to mirror 19 TAC §100.1004 that provides application process requirements for public senior college or university charters and junior college charters. This construction is intended to provide consistency in rule among each program's authorization and administration.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began May 19, 2023, and ended June 20, 2023. Following is a summary of the public comment received and the agency response.
Comment: A superintendent of The Goodwill Excel Center for Adults requested the rule specify that the application includes a section describing how the applicant will provide for the adult education program described in TEC, §12.259.
Response: The agency agrees that it is beneficial for more specificity to be outlined in rule regarding adult education charter programs; however, no changes to new §100.1019 will be made at this time. The agency anticipates proposing an amendment to the rule to align with legislation passed by the 88th Texas Legislature, Regular Session, 2023.
STATUTORY AUTHORITY. The new rule is adopted under Texas Education Code, §12.265, as added by Senate Bill 1615, 87th Texas Legislature, Regular Session, 2021, which requires the commissioner of education to adopt rules to administer the adult high school charter school program.
CROSS REFERENCE TO STATUTE. The new rule implements Texas Education Code, §12.265, as added by SB 1615, 87th Texas Legislature, Regular Session, 2021.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 26, 2023.
TRD-202302658
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: August 15, 2023
Proposal publication date: May 19, 2023
For further information, please call: (512) 475-1497