PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 13. FINANCIAL PLANNING
SUBCHAPTER M. TOTAL RESEARCH EXPENDITURES
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter M, §§13.300 - 13.304 and new §13.305, concerning Total Research Expenditures. Specifically, this amendment and new rule will revise the reporting of total research expenditures to the Coordinating Board for use in state research funding allocations for the Comprehensive Research Fund, National Research Support Fund, and Texas University Fund (TUF), in accordance with changes made by H.B. 1595, 88th Texas Legislature, Regular Session. This amendment and new rule presumes passage of House Joint Resolution 3, 88th Texas Legislature, Regular Session, the vote for which would take place November 7, 2023. If the constitutional amendment is approved, the provisions of H.B. 1595 go into effect on January 1, 2024. Negotiated rulemaking was used in the development of these proposed rules. Reports of negotiated rulemaking committees are public information and are available upon request from the Coordinating Board.
Rules 13.300 and 13.301 note the purpose and authority of the subchapter. Proposed revisions now prescribe the requirement of total research expenditures to be submitted by fund source and lay out the use of the data in the allocation of the Texas Comprehensive Research Fund, National Research Support Fund, Texas Research University Fund, Texas University Fund (TUF), and formula funding for research. The rule also establishes the portions of Texas Education Code (TEC) that authorize the Coordinating Board to adopt rules pertaining to the TUF.
Rule 13.302 lists definitions pertinent to research expenditure reporting. The revisions add paragraphs (1), (5), (8), (10), (12), and (23) to include fund sources by which institutions must report expenditures to the Coordinating Board. The fund sources align with the Higher Education Research and Development (HERD) Survey conducted by the National Center for Science and Engineering Statistics under the National Science Foundation. Paragraphs (24) and (25) provide a more granular breakout of funding sources for State and Local Government Expenditures to appropriately implement funding formulas for the health-related institutions.
Paragraph (15) establishes that private expenditures include expenditures of funds reported as Business Expenditures, Nonprofit Organization Expenditures, and All Other Expenditures. This definition matches the definition under Texas Administrative Code, chapter 15, subchapter B, Texas University Fund for use in the allocation of certain state funding.
Paragraphs (9), (11), and (13) define certain sectors of Texas public institutions of higher education.
Paragraphs (4), (6), and (7) specify three distinct entities: "Board," meaning the nine-member appointed governing body of the Texas Higher Education Coordinating Board; "Coordinating Board," meaning the state agency as a whole; and "Coordinating Board Staff or Board Staff," meaning the staff of the agency. Separating these terms allows the Coordinating Board to make a distinction between actions taken by the governing body, agency staff, and the agency as a whole.
Revisions to paragraph (16) and the addition of paragraph (18) align definitions of research and development (R&D) with the HERD Survey. The revision of paragraph (19) clarifies what is included on the research expenditure survey and the addition of paragraph (22) adds clarity on what is considered a sponsored project.
The revision of §13.303 removes a provision made unnecessary due to the addition of §13.305 and clarifies that pass throughs to other agencies of higher education also do not meet the narrow definition of R&D expenditures. Other revisions include clarification that total research expenditures may only include recovered indirect costs and clarification on the treatment of counting expenditures where the dollars expended are reported on an institution's annual financial report, but the actual work is conducted at a separate entity.
The revision of §13.304 clarifies that Coordinating Board staff will post the report of total research expenditures and the source of information for a legislatively required report.
The addition of §13.305 provides for the explicit direction of reporting total research expenditures to the Coordinating Board. The rule provides the breakout of fund source categories and requires a subset reporting of State of Texas Source Expenditures and State Contracts and Grants to accurately implement certain funding formulas for health-related institutions. The rule specifies that unrecovered indirect costs and pass-throughs to certain sectors of higher education do not meet the narrow definition of R&D expenditures. Pass-throughs to these sectors of higher education would result in the state including certain research expenditures in multiple funding formulas so separating these expenditures out in reporting allows the state to only include the research expenditure in funding formulas for the institution who received the pass-through funding.
Emily Cormier, Assistant Commissioner for Funding, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Emily Cormier, Assistant Commissioner for Funding, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as the result of adopting this rule is the refinement of reporting total research expenditures by fund source, in accordance with the provisions of H.B. 1595, 88th Texas Legislature, Regular Session, which requires the collection and use of certain federal and private research expenditures in state funding allocations and aligning data submissions with federal data survey requirements. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Emily Cormier, Assistant Commissioner for Funding, P.O. Box 12788, Austin, Texas 78711-2788, or via email at funding@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed in accordance with changes made by H.B. 1595, 88th Texas Legislature, Regular Session (2023), which requires the collection of federal and private research expenditures for use in the allocation of the Comprehensive Research Fund and as part of the eligibility criteria and distribution methodology for the National Research Support Fund and Texas University Fund.
The proposed amendment affects Texas Education Code Sections 62.095, 62.132, 62.1335, 62.134, 62.145, 62.1481, 62.1482, and 62.151.
§13.300.Purpose and Scope.
The purpose of this subchapter is to establish standards and accounting methods for determining total research expenditures, by fund source, based on all research conducted at Texas institutions of higher education. These amounts are for use in the allocation of the Texas Comprehensive Research Fund, National Research Support Fund, Texas Research University Fund, Texas University Fund, and formula funding for research, as authorized in an applicable biennium's General Appropriations Act.
§13.301.Authority.
Texas Education Code, §61.0662, requires the Coordinating Board to maintain an inventory of all institutional and programmatic research activities being conducted by all institutions of higher education. Texas Education Code, §62.051, establishes the Texas Research University Fund and §62.053, authorizes the Coordinating Board to prescribe standards and accounting methods for determining the amount of total research funds expended. Texas Education Code §62.152 authorizes the Board to adopt rules as necessary to implement chapter 62, subchapter G (Texas University Fund).
§13.302.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) All Other Expenditures--Expenditures of all other funds not reported under the expenditure categories of Business, Nonprofit Organizations, Institutional Funds, State and Local Government or Federal Expenditures, as defined in this section. All Other Expenditures includes funds from foreign universities, foreign governments, portions of gifts designated for research by the donors (including from the reporting institution's 501(c)(3)), and nonfederal and nonstate funds received from other institutions of higher education.
(2) [(1)] Annual Financial Report
(AFR)--Institutional financial report for one fiscal year as required
by Texas Education Code, §51.005.
(3) [(2)] Areas of Special Interest--Major
research topics important to the public, or required by statute, as
listed in the Research Expenditure Survey.
[(3) Coordinating Board or Board--The
Texas Higher Education Coordinating Board.]
(4) Board--The governing body of the Texas Higher Education Coordinating Board.
[(4) Research Expenditures or Expenditures--In
a specific fiscal year, expenditure of funds paid out by an institution
to support institutional Research and Development activities.]
(5) Business Expenditures--Expenditures of funds from domestic or foreign for-profit organizations.
(6) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.
(7) Coordinating Board Staff or Board Staff--Agency staff acting under the direction of the Board and the Commissioner.
(8) Federal Expenditures--Expenditures of funds received by the reporting institution from any agency of the United States government for research and development. These include reimbursements, contracts, grants, and any identifiable amounts spent on research and development from Federal programs including Federal monies passed through state agencies to the reporting institution and federal funds that were passed through to the reporting institution from another institution.
(9) General Academic Teaching Institution--Any public general academic teaching institution as defined in Texas Education Code, §61.003(3).
(10) Institutional Fund Expenditures--This includes funds expended for R&D that are controlled at the institutional level, such as Available University Fund (AUF) or other funding held locally used for R&D, excluding institution research administration and support. This category includes cost sharing from unrestricted sources (cost sharing from restricted sources should be classified according to the underlying source), unrestricted funds from the reporting institution's 501(c)(3), and unrecovered indirect costs. Unrecovered indirect costs may not exceed the institution's federally negotiated Facilities and Administrative rate.
(11) Medical and Dental Unit--Any public health related institution as defined in Texas Education Code, §61.003(5).
(12) Nonprofit Organization Expenditures--Expenditures of funds from domestic or foreign non-profit foundations and organizations, except universities and colleges.
(13) Other Agency of Higher Education--Any public agency of higher education as defined in Texas Education Code, §61.003(6).
(14) [(5)] Pass-through to Sub-recipient--Sponsored project [External award] funds that are
passed from one entity to a sub-recipient. The sub-recipient expends
the [award] funds to carry out part of the sponsored
project on behalf of[, or in connection with,] the
pass-through entity.
(15) Private Expenditures--Expenditures of funds reported as Business Expenditures, Non-profit Organization Expenditures, and All Other Expenditures. Amounts exclude R&D expenditures that do not meet the narrow definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey.
(16) [(6)] Research and Development
(R&D)--R&D activity is creative and systematic work undertaken
in order to increase the stock of knowledge "including knowledge of
humankind, culture, and society" and to devise new applications of
available knowledge. R&D covers three activities: basic research,
applied research, and experimental development. R&D does not include
public service or outreach programs, curriculum development (unless
included as part of an overall research project), or non-research
training grants. R&D does not include capital projects (i.e.,
construction or renovation of research facilities). [All
research activities, both basic and applied, and all development activities
that are supported at universities, colleges, and other non-profit
institutions:]
[(A) Research--The systematic study
directed toward fuller scientific knowledge or understanding of the
subject studied.]
[(B) Development--The systematic use of knowledge or understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes.]
[(C) R&D Training--R&D also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function.]
(17) R&D Training--Activities involving the training of individuals in research techniques are included in R&D, where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function.
(18) Research Expenditures or Expenditures--In a specific fiscal year, expenditures of funds paid out by an institution to support institutional Research and Development activities. Expenditures do not include in-kind donations.
(19) [(7)] Research Expenditure
Survey--The mandatory survey instrument administered by the Coordinating
Board pursuant to Texas Education Code, §61.0662, that establishes
total R&D expenditures for each institution by research field
and areas of special interest, both accounted by funding source. The
survey includes a Research Expenditure Survey, specific definition
of R&D, and reporting guidelines for R&D activities. The survey
separately accounts for unrecovered indirect costs and pass-through
expenditures to other general academic teaching institutions, medical
and dental units, or other agencies of higher education, by funding
source. [Instrument that establishes total R&D expenditures
for each institution by research field and areas of special interest,
both accounted by funding source. The survey includes a Research Expenditure
Survey, specific definition of R&D, and reporting guidelines for
R&D activities.]
(20) [(8)] Research fields--Subject
areas for R&D, as listed in the Research Expenditure Survey.
(21) [(9)] Sources and Uses Template--An
annual survey of Texas general academic and health-related institutions
to detail financial information and provide specific information about
revenues and expenditures.
(22) Sponsored Projects--Sponsored projects include grants, contracts, cooperative agreements and other legally binding means of transfer under which an entity provides a return benefit to, or agrees to provide a defined deliverable or complete a specified set of activities for, an external sponsor in exchange for funds. External sponsors are those that are not part of the entity.
(23) State and Local Government Expenditures--Expenditures of funds received for R&D via appropriations from the state of Texas, including non-formula support items, and funds received from any state, county, municipality, or other local government entity in the United States, including state health agencies. Expenditures include state funds that support R&D at agricultural and other experiment stations.
(24) State Contracts and Grants--A subset of State and Local Government Expenditures that includes only expenditures of interagency contracts, contracts with Texas local governments, and other such state funding sources for R&D.
(25) State of Texas Source Expenditures--A subset of State and Local Government Expenditures that includes only expenditures of funds appropriated by the state of Texas for research, including state appropriated research non-formula support items and research formula funding.
§13.303.Standards and Accounting Methods for Determining Total Research Expenditures.
[(a) Each institution reports R&D
expenditures annually in the Research Expenditure Survey.]
(a) [(b)] R&D expenditures
for Texas A&M University include consolidated expenses from Texas
A&M University and its service agencies.
[(c)] Research expenses from the AFR shall be [are] reconciled to the total R&D expenditures
of the Research Expenditure Survey by a:
(1) Decrease of the AFR total by the amount of R&D
expenses that do not meet the narrow definition of R&D expenditures
used in the Coordinating Board's Research Expenditure Survey. Pass-throughs
to other general academic teaching institutions, medical or dental
units, and other agencies of higher education [public academic
or health related entities] do not meet the narrow definition
of R&D expenditures.
(2) Increase of the AFR total by the amount of recovered indirect costs associated with expenses for R&D as reported through the Research Expenditure Survey.
(3) Increase of the AFR total by the amount of capital outlay for research equipment, not including R&D plant expenses or construction.
(4) Increase of the AFR total by the amount of expenditures for conduct of R&D made by an institution's research foundation, or 501(c) corporation on behalf of the institution, and not reported in the institution's AFR, including indirect costs.
(5) Increase of the AFR total to include expenses
related to research performed by the agency or institution but recognized
on the AFR of a separate agency or institution who received and expended
the funding. The agency or institution who received and expended the
funding but did not perform the research must make a corresponding
decrease of its AFR total for this amount. This accounting event is
not a pass-through to subrecipient [by the amount of pass-throughs
from Texas Engineering Experiment Station, as defined for the Research
Expenditure Survey].
§13.304.Reporting of Total Research Expenditures.
(a) Coordinating [The] Board staff
shall annually post a report of total research expenditures
of all public institutions of higher education on its website.
(b) Not later than January 1 of each year, the Board
shall submit to the legislature information regarding human stem cell
research reported by the institutions to [obtained
by] the Coordinating Board in the Research Expenditure
Survey from reports required by this subsection.
§13.305.Institutional Reporting of Total Research Expenditures by Funding Source.
(a) Institutions shall report all research expenditures on the Research Expenditure Survey using the following categories:
(1) Federal Expenditures;
(2) State and Local Government Expenditures;
(3) Business Expenditures;
(4) Nonprofit Organization Expenditures;
(5) Institutional Fund Expenditures; and
(6) All Other Expenditures.
(b) Institutions shall report State of Texas Source Expenditures and State Contracts and Grants as subsets of State and Local Government Expenditures.
(c) Institutions shall report the original source of expenditures, when possible. Institutions shall report each category and show adjustments by the amount of R&D expenses that do not meet the narrow definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey. Unrecovered indirect costs and pass-throughs to other general academic teaching institutions, medical and dental units, and other agencies of higher education do not meet the narrow definition of R&D expenditures.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 13, 2023.
TRD-202303817
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 427-6548
SUBCHAPTER B. TEXAS UNIVERSITY FUND
The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 15, Subchapter B, §§15.20 - 15.30, concerning the Texas University Fund (TUF). Specifically, this will create rules to govern the eligibility, distribution methodology, and reporting for the TUF and implementation of eligibility requirements for the National Research Support Fund in accordance with changes made by H.B. 1595, 88th Texas Legislature, Regular Session. This new subchapter presumes passage of House Joint Resolution 3, 88th Texas Legislature, Regular Session, the vote for which would take place November 7, 2023. If the constitutional amendment is approved, the provisions of H.B. 1595 go into effect on January 1, 2024. Negotiated rulemaking was used in the development of these proposed rules. Reports of negotiated rulemaking committees are public information and are available upon request from the Coordinating Board.
Chapter 15 title is amended to revise the name from National Research Universities to Research Funds to more accurately reflect the rules in this section of administrative code.
Rule 15.20 establishes the purpose of the subchapter to govern the receipt and allocation of funds distributed from the TUF. The rule also establishes the portions of Texas Education Code (TEC) that authorize the Coordinating Board to adopt rules pertaining to the TUF and rules governing the eligibility threshold of research expenditures for the National Research Support Fund (NRSF).
Rule 15.21 lists definitions pertinent to the TUF. Paragraphs (2), (3), and (5) specify three distinct entities: "Board," meaning the nine-member appointed governing body of the Texas Higher Education Coordinating Board; "Coordinating Board," meaning the state agency as a whole; and "Coordinating Board Staff or Board Staff," meaning the staff of the agency. Separating these terms allows the Coordinating Board to make a distinction between actions taken by the governing body, agency staff, and the agency as a whole.
Paragraphs (6) and (10) establish the federal and private expenditures eligible for inclusion in the TUF eligibility and distribution criteria. Institutions report federal and private expenditures to the Coordinating Board under Texas Administrative Code, Chapter 13, Subchapter M, Total Research Expenditures. Federal and private expenditures exclude amounts that do not meet the Coordinating Board's narrow definition of research and development expenditures, including unrecovered indirect administration and pass-through funds to other public institutions of higher education. Pass-throughs to certain sectors of higher education would result in the state including certain research expenditures in multiple funding formulas, so separating these expenditures out in reporting allows the state to only include the research expenditure in funding formulas for the institution who received the pass-through funding.
Paragraphs (7), (8), and (9) define the Texas public institutions of higher education that are subject to the exclusion pertaining to pass-through funding.
Paragraph (12) defines a TUF-eligible institution as one listed in H.B. 1595 or an institution that becomes eligible by reaching the statutorily required thresholds.
Rules 15.22 and 15.23 define the institutions eligible to receive distributions from the TUF in a fiscal year in accordance with TEC §62.145, as amended by H.B. 1595. This includes listed institutions in statute as well as the eligibility requirements for a new institution to become TUF-eligible in future years. This provision provides that the Coordinating Board shall annually calculate and publish an increased threshold of research expenditures based on the increase in the Consumer Price Index for All Urban Consumers as published by the United States Department of Labor, in accordance with statutory requirements.
Rule 15.24 describes the allocation of distributions of the TUF to the Permanent Endowment for Education and Research (PEER) and the Research Performance Funding, in accordance with TEC §62.148(c), as amended by H.B. 1595.
Rule 15.25 provides for the calculation of PEER base funding for TUF-eligible institutions, in accordance with TEC §62.1481, as added by H.B. 1595, and for the Coordinating Board to confer with the Legislative Budget Board each fiscal year to determine the allocation of funding. The rule establishes two levels of Base Funding: Level 1 and Level 2. Level 1 Base Funding recipients receive the maximum allocation of PEER base funding; Level 2 Base Funding recipients receive half the amount of Level 1 Base Funding. The rule establishes the criteria an institution must meet to receive Level 1 Base Funding. The rule provides that the Coordinating Board shall annually calculate and publish an increased threshold of research expenditures as part of the entry into Level 1 Base Funding based on the increase in the Consumer Price Index for All Urban Consumers as published by the United States Department of Labor, in accordance with statutory requirements.
Rule 15.26 provides for the calculation of the Research Performance Funding, in accordance with TEC §62.1482, as added by H.B. 1595, and for the Coordinating Board to confer with the Legislative Budget Board each fiscal year to determine the allocation of funding. The rule provides that 85% of research performance funds shall be allocated in each fiscal year proportional to an institution's share of the most recent three-year average of federal and private research expenditures. The rule defines private expenditures used in the calculation of funding to include business expenditures, nonprofit expenditures, and all other expenditures. Eligible expenditures shall exclude unrecovered indirect costs and pass-through funds to other general academic teaching institutions, medical and dental units, and other agencies of higher education.
The rule provides that 15% of research performance funds shall be allocated in each fiscal year proportional to an institution's share of the most recent three-year average of research doctoral degrees awarded. The Coordinating Board shall annually publish a list of eligible research doctoral degrees that qualify for purposes of calculation; these degrees include an academic degree beyond the level of a master's degree that typically represents the highest level of formal study or research in a given field and that requires completion of original research. This list shall be updated by Coordinating Board staff to reflect all degree titles included in the most recently published National Science Foundation Survey of Earned Doctorates and any additional degree titles identified by the Commissioner.
Rule 15.27 provides for the calculation of the legislative appropriations required to be appropriated for a new institution to become TUF-eligible or for a Level 2 Base Funding institution to receive Level 1 Base Funding. The calculation maintains existing TUF-eligible institutions or Level 1 Base Funding recipients' share of the Permanent Endowment for Education and Research.
Rule 15.28 defines the percentage share of the market value of the TUF that may be reported by TUF-eligible institutions for financial reporting purposes. The percentage share is based on an institution's receipt of Level 1 or Level 2 Base Funding from the PEER and the market value as of August 31st of the reported fiscal year, as determined by the Comptroller of Public Accounts.
Rule 15.29 requires the Coordinating Board to annually publish the metrics pertaining to the TUF for all general academic institutions each fiscal year.
Rule 15.30 provides that the Coordinating Board shall annually calculate and publish an increased threshold of research expenditures as part of the eligibility requirements for the NRSF based on the increase in the Consumer Price Index for All Urban Consumers as published by the United States Department of Labor, in accordance with TEC §62.132, as amended by H.B. 1595.
Emily Cormier, Assistant Commissioner for Funding, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Emily Cormier, Assistant Commissioner for Funding, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as the result of adopting these rules is the creation of a new subchapter of Texas Administrative Code to implement the eligibility requirements, distribution methodology, and reporting for the Texas University Fund, and implementation of eligibility requirements for the National Research Support Fund in accordance with the provisions of H.B. 1595, 88th Texas Legislature, Regular Session. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Emily Cormier, Assistant Commissioner for Funding, P.O. Box 12788, Austin, Texas 78711-2788, or via email at funding@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The new subchapter is proposed under Texas Education Code, Section 62.132, as added by Section 6 of H.B. 1595, 88th Texas Legislature, Regular Session, which provides for the Coordinating Board to set the eligibility threshold for the National Research Support Fund by rule, and Section 62.152, as added by Section 19 of H.B. 1595, which provides the Coordinating Board with rulemaking authority to implement the new Texas University Fund.
The proposed new subchapter affects Texas Education Code, Sections 62.132 and 62.141 - 62.152.
§15.20.Authority and Purpose.
(a) This subchapter establishes rules for eligible institutions to receive funds through the Texas University Fund and the allocation of funds distributed from the Texas University Fund each state fiscal year. The Texas University Fund is established to support general academic teaching institutions to achieve national prominence as major research universities and drive the state economy.
(b) The Board adopts subchapter B pursuant to Texas Education Code, §62.152, requiring the Board to adopt rules to implement Texas Education Code, Chapter 62, subchapter G, Texas University Fund. Texas Education Code, §62.132, provides that the Board specify the eligibility threshold of research expenditures for receipt of the National Research Support Fund.
§15.21.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Available University Fund (AUF)--A fund established in Article 7, §18, of the Texas Constitution to receive all interest and earnings of the Permanent University Fund (PUF) and used to pay the debt service on PUF-backed bonds.
(2) Board--The governing body of the Texas Higher Education Coordinating Board.
(3) Commissioner--The Texas Commissioner of Higher Education.
(4) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.
(5) Coordinating Board Staff or Board Staff--Agency staff acting under the direction of the Board and the Commissioner.
(6) Federal Expenditures--Expenditures of funds reported as Federal Expenditures, as defined in §13.302 of this title (relating to Definitions). Amounts exclude R&D expenditures that do not meet the narrow definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey.
(7) General Academic Teaching Institution--Any college, university, or institution so classified in Texas Education Code, §61.003(3).
(8) Medical and Dental Unit--Any public health related institution as defined in Texas Education Code, §61.003(5).
(9) Other Agency of Higher Education--Any agency of higher education as defined in Texas Education Code, §61.003(6).
(10) Private Expenditures--Expenditures of funds reported as Business Expenditures, Non-profit Organization Expenditures, and All Other Expenditures as defined in §13.302 of this title. Amounts exclude R&D expenditures that do not meet the narrow definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey.
(11) Research Expenditure Survey--Instrument administered by the Coordinating Board that establishes total R&D expenditures for each institution by research field and areas of special interest, both accounted by funding source, as defined in §13.302 of this title.
(12) Texas University Fund (TUF)-Eligible Institution--An institution listed in Texas Education Code, §62.145(a), or an institution that becomes eligible by meeting the requirements listed in Texas Education Code, §62.145(b).
§15.22.Eligible Institutions.
(a) The following general academic teaching institutions are eligible to receive distributions from the Texas University Fund in a state fiscal year:
(1) Texas State University;
(2) Texas Tech University;
(3) University of Houston; and
(4) University of North Texas.
(b) A general academic teaching institution not listed above may become a TUF-eligible institution in a state fiscal year if it meets the statutory requirements.
§15.23.Eligibility to Receive a Distribution from the Texas University Fund.
(a) General academic teaching institutions may become a TUF-eligible institution in a state fiscal year if, based on most recently available data, the institution:
(1) Is not entitled to participate in funding through the Available University Fund;
(2) Expends an average of $20.0 million in combined Federal Expenditures and Private Expenditures during the prior three fiscal years, adjusted in accordance with subsection (b);
(3) Awards an average of at least 45 research doctoral degrees, as determined by §15.26 of this subchapter (relating to Research Performance Funding), per academic year during the prior three fiscal years; and
(4) The legislature provides an appropriation to the Texas University Fund, as defined in §15.27 of this subchapter (relating to Percentage Share for Legislative Appropriation).
(b) For the purpose of calculating the combined Federal Expenditures and Private Expenditures threshold amount in subsection (a)(2), beginning in state fiscal year 2025, and in each subsequent fiscal year, the Coordinating Board shall adjust the research expenditure threshold by any increase in the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Department of Labor during the preceding state fiscal year.
(c) The Coordinating Board staff shall annually publish the threshold of combined Federal Expenditures and Private Expenditures for TUF eligibility.
(d) Once an institution meets the criteria in subsection (a), an institution remains eligible to receive a distribution in each subsequent fiscal year.
§15.24.Allocation of Distributions.
In a state fiscal year, the allocation of funds distributed from the Texas University Fund shall be as follows:
(1) Seventy-five (75) percent to the Permanent Endowment for Education and Research Base Funding; and
(2) Twenty-five (25) percent to Research Performance Funding.
§15.25.Permanent Endowment for Education and Research Base Funding.
(a) In a state fiscal year, the Coordinating Board shall confer with the Legislative Budget Board to determine Permanent Endowment for Education and Research Base Funding for TUF-eligible institutions based on the following categories:
(1) Level 1 Base Funding for TUF-eligible institutions that are eligible to receive the maximum allocation of base funding as calculated in subsection (b); and
(2) Level 2 Base Funding for TUF-eligible institutions that are not eligible to receive the maximum allocation of base funding.
(b) A TUF-eligible institution shall receive Level 1 Base funding if it meets the following criteria:
(1) The institution expended at least $45.0 million in combined Federal Expenditures and Private Expenditures in fiscal years 2021 and 2022; or
(2) The institution expends at least $45.0 million in combined Federal Expenditures and Private Expenditures, adjusted in accordance with subsection (c), per state fiscal year during the prior two fiscal years and the legislature provides an appropriation to the Texas University Fund, as defined in §15.27 of this subchapter (relating to Percentage Share for Legislative Appropriation).
(c) For the purpose of calculating the threshold of research funding under subsection (b), beginning in state fiscal year 2025, and in each subsequent fiscal year, the qualifying amount of combined Federal Expenditures and Private Expenditures will be adjusted by any increase in the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Department of Labor during the preceding state fiscal year.
(d) Coordinating Board staff shall annually publish the threshold of combined Federal Expenditures and Private Expenditures required for an allocation of funding under subsection (b)(2).
(e) Once an institution meets the criteria in subsection (b), an institution remains eligible to receive Level 1 Base Funding in each subsequent state fiscal year. All other TUF eligible institutions shall receive Level 2 Base Funding in each state fiscal year.
(f) TUF-eligible institutions that are eligible for Level 1 Base funding shall receive the following share of the Permanent Endowment for Education and Research Base Funding. Two divided by the sum of:
(1) the number of TUF-eligible institutions eligible for Level 1 funding multiplied by two; and
(2) the number of TUF-eligible institutions that are not eligible to receive Level 1 funding.
(g) Level 2 Base Funding shall be half the share of Level 1 Base Funding.
(h) The percentage share for Level 1 and Level 2 Base Funding is then multiplied by the total amount distributed for the Permanent Endowment for Education and Research to determine each individual institution's funding amount.
§15.26.Research Performance Funding.
(a) In a state fiscal year, the Coordinating Board shall confer with the Legislative Budget Board to determine Research Performance Funding allocations for each TUF-eligible institution based on the following:
(1) Eighty-five percent (85%) of the Research Performance Funds shall be allocated based on the most recent three-year average of combined Federal Expenditures and Private Expenditures. The allocation shall be proportional based on the institutions' share of total combined Federal Expenditures and Private Expenditures.
(A) Federal Expenditures and Private Expenditures are as reported in each state fiscal year on the Research Expenditure Survey as required by §13.303 of this title (relating to Standards and Accounting Methods for Determining Total Research Expenditures). Private research expenditures include business expenditures, nonprofit organization expenditures, and all other expenditures.
(B) For purposes of the allocation of the Research Performance funds, Federal Expenditures and Private Expenditures shall exclude unrecovered indirect costs and pass through funds to other general academic teaching institutions, medical and dental units, and other agencies of higher education.
(2) Fifteen percent (15%) of the Research Performance Funds shall be allocated based on the most recent three-year average of research doctoral degrees awarded. The allocation shall be proportional based on the institutions' share of the total research doctoral degrees awarded.
(A) Research doctoral degrees that qualify for purposes of calculation are those that are reflected on a list of research doctoral degrees published annually by Coordinating Board staff on March 1 of each fiscal year. Research doctoral degrees include an academic degree beyond the level of a master's degree that typically represents the highest level of formal study or research in a given field and that requires completion of original research.
(B) The list of research doctoral degrees shall be annually updated by Coordinating Board staff to reflect all degree titles included in the most recently published National Science Foundation Survey of Earned Doctorates and any additional degree titles identified by the Commissioner.
§15.27.Percentage Share for Legislative Appropriation.
(a) For the purposes of calculating the legislative appropriation required for an individual institution to become TUF-eligible or to receive Level 1 Base Funding, the legislature must appropriate an amount to the Texas University Fund not less than the difference between:
(1) the quotient of:
(A) the market value of the Texas University Fund on September 1 of the state fiscal year; and
(B) one minus an incoming institution's percentage share of the Texas University Fund; and
(2) the market value of the Texas University Fund on September 1 of the state fiscal year.
(b) For purposes of calculating the legislative appropriation to become a TUF-eligible institution, an institution's percentage share of the Texas University Fund for a state fiscal year shall equal the following calculation:
(1) If the institution meets the research expenditure criteria to receive Level 1 Base Funding upon entry, as defined in §15.25 of this subchapter (relating to Permanent Endowment for Education and Research Base Funding), the percentage share shall equal the share of Level 1 Base funding an institution would have received in Permanent Endowment for Education and Research Base Funding, as calculated in §15.25 of this subchapter, had an additional institution been included in the allocation as a recipient of Level 1 Base Funding.
(2) If the institution does not meet the research expenditure criteria to receive Level 1 Base Funding upon entry, as defined in §15.25 of this subchapter, the percentage share shall equal the share of Level 2 Base funding an institution would have received in Permanent Endowment for Education and Research Base Funding, as calculated in §15.25 of this subchapter, had an additional institution been included in the allocation as a recipient of Level 2 Base Funding.
(c) For purposes of calculating the legislative appropriation for a currently TUF-eligible institution to receive Level 1 Base Funding, an institution's percentage share of the Texas University Fund for a state fiscal year shall equal the difference between the share of Level 1 Base Funding and Level 2 Base Funding an institution would have received in Permanent Endowment for Education and Research Base Funding, as calculated in §15.25 of this subchapter, had an additional institution been included in the allocation as a recipient of Level 1 Base Funding, instead of a recipient of Level 2 Base Funding.
§15.28.Endowment Calculation.
(a) A TUF-eligible institution may report a percentage share of the market value of the Texas University Fund as a true endowment for financial reporting purposes.
(b) An institution shall calculate its percentage share as seventy-five percent of the market value of the Texas University Fund multiplied by the institution's share of the Permanent Endowment for Education and Research base funding, as calculated in §15.25 of this subchapter (relating to Permanent Endowment for Education and Research Base Funding).
(c) The market value of the Texas University Fund shall be as of August 31 of the reported fiscal year as determined by the Comptroller of Public Accounts.
§15.29.Reporting.
Coordinating Board staff shall annually publish the most recent three state fiscal years of combined Federal Expenditures and Private Expenditures and research doctorates awarded, as defined under this subchapter, for general academic teaching institutions.
§15.30.National Research Support Fund.
Coordinating Board staff shall annually publish the adjusted threshold of combined Federal Expenditures and Private Expenditures needed to establish eligibility to receive a distribution from the National Research Support Fund. The amount shall align with the threshold established and published for §15.23(a)(2) of this subchapter (relating to Eligibility to Receive a Distribution from the Texas University Fund).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 13, 2023.
TRD-202303822
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 427-6548
SUBCHAPTER D. TEXAS FIRST EARLY HIGH SCHOOL COMPLETION PROGRAM
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter D, §21.51 and §21.52, concerning Texas First Early High School Completion Program. Specifically, this amendment will align the rules with statutory amendments to Texas Education Code, §28.0253, that were enacted on September 1, 2023, through Senate Bill 2294, 88th Texas Legislature, Regular Session.
Rule 21.51 aligns the description of institutions eligible to participate in the program with recent legislative changes. The proposed amendments reflect the expansion of the program to all Texas public institutions of higher education to align with statutory amendments to Texas Education Code, §28.0253, enacted on September 1, 2023, through Senate Bill 2294, 88th Texas Legislature, Regular Session. The amendments add definitions for the terms used in statute and this subchapter governing applicability of the program, including definitions for public high school and open-enrollment charter school.
Rule 21.52(a) adds language to clarify that a student shall be allowed to graduate and receive a high school diploma under the Texas First Early High School Completion Program from a school district or open-enrollment charter school, as required by statute.
Rule 21.52(a)(2)(C) adds a new assessment to meet standards for eligibility for the Texas First Early High School Completion Program by adding the Foreign Language Achievement Testing Services (FLATS) assessment to Figure 1. This amendment reflects the availability of an additional assessment instrument that institutions of higher education may use to establish language proficiency.
Rule 21.52(b) clarifies that the method in which a counselor or administrator at the public school of a student who is eligible for the Texas First Early High School Completion Program will be a method established by the Coordinating Board.
Dr. Jennielle Strother, Assistant Commissioner for Student Success, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Dr. Jennielle Strother, Assistant Commissioner for Student Success, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the alignment of the rules with statutory changes that were enacted on September 1, 2023, through Senate Bill 2294, 88th Texas Legislature, Regular Session. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Dr. Jennielle Strother, Assistant Commissioner for Student Success, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Jennielle.strother@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under Texas Education Code, Section 56.227, which provides the Coordinating Board with the authority to adopt rules necessary to implement this subchapter.
The proposed amendment affects Texas Education Code, Chapter 56, Subchapter K-1.
§21.51.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Coordinating Board--The agency, including
staff, known as the Texas Higher Education Coordinating Board ["Coordinating board" means the agency, including staff, known as the
Texas Higher Education Coordinating Board].
(2) Eligible Institution--An institution of higher
education according to Texas Education Code, §61.003(8) ["Eligible institution" means an institution of higher education that
is designated as a research university or emerging research university
under the coordinating board's accountability system].
(3) Institution of Higher Education--An institution
of higher education according to Texas Education Code 61.003 ["Institution of higher education" has the meaning assigned by Texas
Education Code §61.003].
(4) Open-enrollment Charter--Has the meaning assigned by Texas Education Code, §12.002(3) and subchapter D.
(5) [(4)] Program--The ["Program" means the] Texas First Early High School Completion
Program established under this section includes an open-enrollment
charter high school or high school that is within a Texas school district.
§21.52.Eligibility for Texas First Diploma.
(a) Notwithstanding any other state or local law, a
school district or open-enrollment charter school shall allow a student
to graduate and receive a high school diploma [a student
is entitled to early high school graduation] under the Texas
First Early High School Completion Program if the student meets the
criteria established in paragraphs (1) and (2) of this subsection.
A student who achieves a required score on an assessment to meet the
requirement of any one of paragraphs (1) and (2) of this subsection,
shall be allowed to use that same assessment to meet the requirement
of another section if the student's score meets the required minimum
for each section.
(1) The student has met the following minimum criteria at the time of graduation:
(A) Earned at least twenty-two (22) high school credits by any permissible method, including credit by examination;
(B) Earned a final Grade Point Average equivalent to 3.0 on a 4.0 scale;
(C) Earned an overall scaled score in at least the 80th percentile on one or more of the following assessments: ACT, SAT, PSAT/NMSQT, TSIA/TSIA2, or GED, or alternatively, has a grade point average in the top ten percent of the student's current class during the current or semester prior to the counselor's or administrator's verification under subsection (b) of this section of a student's eligibility for early graduation under the Program; and
(D) Completed the requirement for the State of Texas Assessments of Academic Readiness End-of-Course (STAAR EOC) examinations for English I or II, Algebra I, and Biology by one of the following methods:
(i) If the student has taken the STAAR EOC for English I or II, Algebra I, and Biology, the student has achieved the satisfactory level of performance as defined by the Commissioner of Education; or
(ii) If the student has not taken the required STAAR EOC assessment for English I or II, Algebra I, or Biology, the student has satisfied the STAAR EOC requirement by achieving a passing score on a substitute assessment for that subject area authorized under Title 19 Texas Administrative Code, Chapter 101, Subchapter DD, §101.4002(b).
(2) The student has demonstrated the student's mastery of each subject area of English/Language Arts, Mathematics, Science, Social Studies, and a language other than English through assessments or other means eligible institutions commonly use to place students in courses that may be credited toward degree program requirements. A student may demonstrate mastery of each subject area, as applicable, by meeting one or more of the following criteria:
(A) Earning a score on the STAAR EOC assessment that meets the college readiness standards necessary to be exempt from application of the Texas Success Initiative as set out in Title 19 Texas Administrative Code, Chapter 4, Subchapter C, §4.54;
(B) Credit earned in a course in the core curriculum of an institution of higher education in which the student received at least a C; or
(C) Meeting the standards on the assessments set out in Figure 1.
Figure: 19 TAC §21.52(a)(2)(C) (.pdf)
Figure: 19 TAC §21.52(a)(2)(C)
(b) A counselor or administrator at the public school of a student who is eligible for early graduation under the Program must verify that the student meets the requirements in subsection (a)(1) and (2) of this section using a method established by the Coordinating Board prior to issuing a diploma to the student under this Program. A student is responsible for providing the official copy of the assessment results to their counselor or administrator to verify these requirements.
(c) A school that issues a diploma under the Program shall require the minimum number of assessments to demonstrate that the student meets the criteria established in subsection (a)(1) and (2) of this section and may not require a student to take any other STAAR End-of-Course assessment to graduate under the Program, except as required by this section.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 13, 2023.
TRD-202303821
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 427-6537
SUBCHAPTER T. TEXAS FIRST SCHOLARSHIP
19 TAC §§22.550 - 22.552, 22.554 - 22.556
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter T, §§22.550 - 22.552 and 22.554 - 22.556, concerning Texas First Scholarship. Specifically, this amendment will align the rules with statutory changes that were enacted on September 1, 2023, through Senate Bill 2294, 88th Texas Legislature, Regular Session.
Rule 22.550 aligns the purpose of the program with recent legislative changes. The proposed amendments reflect the expansion of the program to all Texas public institutions of higher education to align with statutory changes that were enacted on September 1, 2023, through Senate Bill 2294, 88th Texas Legislature, Regular Session.
Rule 22.551 adds the definition of academic year. The proposed amendments establish a definition of academic year to be consistently applied across all institutions for this program. The amendments are proposed under Texas Education Code, Section 56.227, which provides the Coordinating Board with the authority to adopt rules necessary to implement this subchapter.
Rule 22.552 aligns the description of institutions eligible to participate in the program with recent legislative changes. The proposed amendments reflect the expansion of the program to all Texas public institutions of higher education to align with statutory changes that were enacted on September 1, 2023, through Senate Bill 2294, 88th Texas Legislature, Regular Session.
Rule 22.554 clarifies the academic year used in determining the discontinuation of a student's eligibility. The proposed amendments establish a standard to be used across all participating institutions to reflect that the discontinuation of a student's eligibility is based on the first academic year that begins after a student's graduation from high school. The amendments are proposed under Texas Education Code, Section 56.227, which provides the Coordinating Board with the authority to adopt rules necessary to implement this subchapter.
Rule 22.555 clarifies the academic year used in determining the scholarship amount. The proposed amendments align the calculation with the academic year that is also used to determine the extent of a student's eligibility time period. The amendments are proposed under Texas Education Code, Section 56.227, which provides the Coordinating Board with the authority to adopt rules necessary to implement this subchapter.
Rule 22.556 clarifies the time period used in calculating the institution's disbursement. The proposed amendments align the calculation of the disbursement with the reporting period used to make the calculation. The amendments are proposed under Texas Education Code, Section 56.227, which provides the Coordinating Board with the authority to adopt rules necessary to implement this subchapter.
Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the alignment of the rules with statutory changes that were enacted on September 1, 2023, through Senate Bill 2294, 88th Texas Legislature, Regular Session. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at charles.contero-puls@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under Texas Education Code, Section 56.227, which provides the Coordinating Board with the authority to adopt rules necessary to implement this subchapter.
The proposed amendment affects Texas Education Code, Chapter 56, Subchapter K-1.
§22.550.Authority and Purpose.
(a) Authority. Unless otherwise noted in a section,
the authority [Authority] for this subchapter is
provided in the Texas Education Code, Chapter 56, Subchapter K-1,
Texas First Scholarship Program. This subchapter establishes procedures
to administer Texas Education Code, §§56.221 - 56.227.
(b) Purpose. The purpose of this program is to incentivize
the enrollment of high performing students at [the] Texas
[public research and emerging research] institutions of
higher education as defined in Texas Education Code, §61.003.
§22.551.Definitions.
In addition to the words and terms defined in §13.142
of this title [Title] (relating to Definitions)
and §22.1 of this chapter [Chapter] (relating
to Definitions), the following words and terms, when used in this
subchapter, shall have the following meanings, unless the context
clearly indicates otherwise:
(1) Academic Year--The 12-month period starting with the fall semester.
(2) [(1)] Program--The Texas
First Scholarship program.
(3) [(2)] Scholarship--The Texas
First Scholarship.
§22.552.Eligible Institutions.
(a) Participation.
(1) For any student graduating through the Texas First Early High School Completion Program on or after September 1, 2023, institutions of higher education, as defined in Texas Education Code, §61.003, are required to apply the state credit available to a student through the Program to the eligible student's cost of attendance, as outlined in §22.555 of this subchapter (relating to Scholarship Amount).
(2) For any student graduating through the Texas First Early High School Completion Program before September 1, 2023, institutions of higher education, as defined in Texas Education Code, §61.003), that are [Institutions] designated as either a public research university or public emerging research
university under the coordinating board's accountability system are
required to apply the state credit available to a student through
the Program to the eligible student's costs of attendance, as outlined
in §22.555 of this subchapter [(relating to Scholarship
Amount)].
(b) Responsibilities. Participating public institutions
are required to abide by the General Provisions outlined in subchapter
[Subchapter] A of this chapter [Chapter
] (relating to General Provisions).
(c) Approval. Each eligible public institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner or his/her designee, prior to receiving reimbursement through the program.
§22.554.Discontinuation of Eligibility or Non-Eligibility.
State credit offered to a student through this program expires at the end of the first academic year that begins following the student's graduation from high school.
§22.555.Scholarship Amount.
(a) The scholarship is issued by the Coordinating Board
[staff] as a state credit for use by an eligible student
at any eligible institution.
(1) For a student who graduated from high school two
or more semesters or the equivalent earlier than the student's high
school cohort, the state credit offered to the student will equal
the maximum annual (two semester) TEXAS Grant award determined by
the Coordinating Board [staff for the applicable academic
year]. The calculation is based on TEXAS Grant value for
the first academic year that begins following the student's graduation
from high school.
(2) For a student who graduated from high school less than two semesters or the equivalent earlier than the student's high school cohort, the state credit offered to the student will equal half of the amount described by paragraph (1) of this subsection.
(b) The amount of state credit offered to a student under the program may not be considered in the calculation of any state or institutional need-based aid awards or the calculation of the student's overall financial need, unless the combination of the credit and other federal, state, and institutional financial aid, excluding work-study and loan programs, for which the student would otherwise be eligible exceeds the estimated total cost of attendance at the eligible institution at which the student is enrolled.
(c) On enrollment of an eligible student at an eligible institution, the institution shall apply the state credit to the student's charges for tuition, mandatory fees, and other costs of attendance.
(1) The amount applied for the semester is equal to the lesser of:
(A) The amount of the state credit available to the student; or
(B) The student's actual tuition, mandatory fees, and other costs of attendance at the institution.
(2) Remaining state credit may be applied to subsequent
semesters prior to the end of [within] the first
academic year that begins following the student's graduation
from high school.
§22.556.Institutional Reimbursement.
(a) The Coordinating [Board]
staff shall distribute to each eligible institution an amount of funds
equal to the amount of state credit applied by the institution under §22.555 of this subchapter (relating to Scholarship Amount) during the
[preceding] academic period reported under subsection
(b) of this section [year].
(b) The institution's annual Financial Aid Database submission will be used to calculate the reimbursement amount.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 13, 2023.
TRD-202303819
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 427-6365
SUBCHAPTER D. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 23, Subchapter D, §§23.93 - 23.101, concerning Loan Repayment Program for Mental Health Professionals. Specifically, the amendments will align the eligible specialties, selection of recipients, eligibility for the program, and amount of repayment assistance in the Mental Health Professionals Loan Repayment Program with statutory changes enacted by House Bill 1211 (HB 1211), House Bill 2100 (HB 2100), and Senate Bill 532 (SB 532), 88th Texas Legislature, Regular Session.
Rule 23.93 amends the description of the purpose of the program to align with the program's expansion, as outlined in HB 1211, HB 2100, and SB 532, 88th Texas Legislature, Regular Session.
Rule 23.94 amends definitions for words and terms within the Mental Health Professionals Loan Repayment Program rules. The definitions are adopted to provide clarity for words and terms that are integral to the understanding and administration of the rules. Specifically, definitions for community-based mental health services, local mental health authority, state hospitals, and Title I schools, are added, and the definition of full-time service is amended, as these changes are necessary for the understanding and administration of additional eligibility, as outlined in HB 1211, HB 2100, and SB 532, 88th Texas Legislature, Regular Session. Additional, non-substantive changes are also made to provide clarity and define an acronym.
Rule 23.95 amends the list of eligible practice specialties, adding licensed specialist in school psychology. The change aligns the rule with the amendment to Texas Education Code (TEC), Section 61.601, HB 1211, 88th Texas Legislature, Regular Session.
Rule 23.96 amends the requirements for conditional approval into the program. The amendment adds the requirements for mental health professionals who provide mental health services to patients in state hospitals, individuals receiving community-based mental health services from a local mental health authority, or students enrolled in an eligible district or school. The change aligns the rule with the amendments to TEC, Sections 61.603 and 61.607, HB 1211 and SB 532, 88th Texas Legislature, Regular Session. The amendment also delineates between applicants who first establish eligibility for the program before September 1, 2023, and applicants who first establish eligibility for the program on or after September 1, 2023, as required by Section 11 of SB 532, 88th Texas Legislature, Regular Session. The amendment also makes a non-substantive change that aligns with a similar change in §23.93 (relating to Definitions).
Rule 23.97 amends the selection process within each practice specialty to account for applications from mental health professionals who provide mental health services to patients in state hospitals that may not be located in mental health professional shortage areas. Applications from mental health professionals who provide mental health services to individuals receiving community-based mental health services from a local mental health authority or students enrolled in an eligible district or school are accounted for in the current rule text. The amendment also makes non-substantive changes that align with similar changes in §23.93 (relating to Definitions).
Rule 23.98 amends the requirements to receive disbursements of loan repayment assistance. The amendment delineates between the requirements for licensed specialists in school psychology and the requirements for other providers. The change aligns the rule with the amendments to TEC, Sections 61.603 and 61.607, made by HB 1211 and SB 532, 88th Texas Legislature, Regular Session. It also delineates between applicants who first establish eligibility for the program before September 1, 2023, and applicants who first establish eligibility for the program on or after September 1, 2023, as required by Section 11 of HB 532, 88th Texas Legislature, Regular Session. Of note, while HB 1211 amends TEC, Section 61.603 to require one, two, three, four, or five years of service for licensed specialists in school psychology, SB 532 amends TEC, Section 61.607, to only provide payments to all participants in the program after one, two, or three years of service. Rule 23.98 is thus written to conform with the latter.
Rule 23.99 is amended to make a non-substantive change that aligns with a similar change in §23.93 (relating to Definitions).
Rule 23.100 amends the amount of repayment assistance a participant may receive through the program. The maximum amount a licensed specialist in school psychology may receive is added to the rule to align with the amendments to TEC, Section 61.607, HB 1211, 88th Texas Legislature, Regular Session. The rule also amends the percentage of the maximum funding that a participant may receive for each year of participation in the program to align with amendments to TEC, Section 61.607, made by SB 532, 88th Legislative Session. It also delineates between applicants who first establish eligibility for the program before September 1, 2023, and applicants who first establish eligibility for the program on or after September 1, 2023, as required by Section 11 of SB 532, 88th Texas Legislature, Regular Session.
Rule 23.101 is amended to make a non-substantive change that aligns with a similar change in §23.93 (relating to Definitions).
Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the potential expansion in the number of mental health professionals providing services in areas of the state currently experiencing shortages. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at charles.contero-puls@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under Texas Education Code, Section 61.608, which provides the Coordinating Board with the authority to adopt rules necessary to administer Texas Education Code, Chapter 61, Subchapter K.
The proposed amendment affects Texas Education Code, Chapter 61, Subchapter K.
§23.93.Authority and Purpose.
(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter K, Repayment of Certain Mental Health Professional Education Loans. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.601 - 61.609.
(b) Purpose. The [primary] purpose of the
Loan Repayment Program for Mental Health Professionals is to encourage
qualified mental health professionals to provide services to
designated recipients [practice] in a mental health
professional shortage area or state hospital, through a mental
health authority, or to students in eligible schools [designated
by the U. S. Department of Health and Human Services, and provide
mental health care services to recipients under the medical assistance
program authorized by the Texas Human Resources Code, Chapter 32,
and to enrollees under the child health plan program authorized by
the Texas Health and Safety Code, Chapter 62].
§23.94.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Board Staff --The staff of the Texas Higher Education Coordinating Board.
(2) CHIP--The Children's Health Insurance Program, authorized by the Texas Health and Safety Code, Chapter 62.
(3) Community-Based Mental Health Services--The services found under Subchapter B, Chapter 534, Health and Safety Code.
(4) [(3)] Full-time Service--Employed
or contracted full-time (at least 32 hours per week for providers
participating only in the state-funded program, or at least 40 hours
per week for providers participating in both the state funded
program and the SLRP [providers]) by an agency or
facility [in a mental health professional shortage area]
for the primary purpose of providing direct mental health services to:
(A) in a mental health professional shortage area [Medicaid
recipients]:
(i) Medicaid recipients;
(ii) CHIP enrollees;
(iii) persons in facilities operated by or under contract with the Texas Juvenile Justice Department; and/or
(iv) persons in facilities operated by or under contract with the Texas Department of Criminal Justice; or
(B) patients in state hospitals; [CHIP enrollees;]
(C) individuals receiving community-based mental health services from a local mental health authority; and/or [ persons in facilities operated by or under contract with the Texas Juvenile Justice Department; and/or]
(D) students enrolled in an eligible district
or school. [persons in facilities operated by or under
contract with the Texas Department of Criminal Justice;]
(5) Local Mental Health Authority--as defined in Texas Health and Safety Code, §531.002.
(6) [(5)] Medicaid--The medical
assistance program authorized by Chapter 32, Human Resources Code.
(7) [(4)] MHPSAs--Mental Health
Professional Shortage Areas (MHPSAs) are designated by the U.S. Department
of Health and Human Services (HHS) as having shortages of mental health
providers and may be geographic (a county or service area), demographic
(low income population), or institutional (comprehensive health center,
federally qualified health center, or other public facility). Designations
meet the requirements of Sec. 332 of the Public Health Service Act,
90 Stat. 2270-2272 (42 U.S.C. 254e). Texas MHPSAs are recommended
for designation by HHS based on analysis of data by the Department
of State Health Services.
(8) [(7)] Psychiatrist--A licensed
physician who is a graduate of an accredited psychiatric residency
training program.
(9) [(6)] Service Period--A period
of 12 consecutive months qualifying a mental health professional for
loan repayment.
(10) SLRP--A grant provided by the Health Resources and Services Administration to assist states in operating their own State Loan Repayment Program (SLRP) for primary care providers working in Health Professional Shortage Areas (HPSA).
(11) State Hospital--Facilities found under §552.0011, Health and Safety Code.
(12) Title I School--Texas public schools that receive federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. §6301 et seq.).
§23.95.Eligible Practice Specialties.
For purposes of this subchapter, the following mental health providers may apply for enrollment in the program:
(1) a psychiatrist;
(2) a psychologist, as defined by §501.002, Occupations Code;
(3) a licensed professional counselor, as defined by §503.002, Occupations Code;
(4) an advanced practice registered nurse, as defined by §301.152, Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing;
(5) a licensed clinical social worker, as defined by §505.002, Occupations Code;
(6) a licensed specialist in school psychology, as defined by §501.002, Occupations Code;
(7) [(6)] a licensed chemical
dependency counselor, as defined by §504.001, Occupations Code; and
(8) [(7)] a licensed marriage
and family therapist, as defined by §502.002, Occupations Code.
§23.96.Eligibility for Conditional Approval of Applications.
(a) To be eligible for the Board staff to reserve loan repayment funds, a mental health professional must:
(1) ensure that the Board staff has received the completed application by the established deadline, which will be posted on the program web page;
(2) be a U.S. citizen or a Legal Permanent Resident and have no license restrictions;
(3) not be currently fulfilling another obligation
to provide mental health services as part of a scholarship agreement,
a student loan agreement, or another student loan repayment agreement.
[;]
[(4) agree to provide five consecutive
years of eligible service in a Mental Health Professional Shortage
Area, with the understanding that the professional will be released
from the agreement if funding for continued loan repayment is not
appropriated; and]
[(5) agree to provide mental health services to:]
[(A) Individuals enrolled in Medicaid or CHIP or both; or]
[(B) persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice.]
(b) For applicants who first establish eligibility for the program before September 1, 2023, a mental health professional must:
(1) agree to provide five consecutive years of eligible service in a Mental Health Professional Shortage Area, with the understanding that the professional will be released from the agreement if funding for continued loan repayment is not appropriated; and
(2) agree to provide mental health services to:
(A) Individuals enrolled in Medicaid or CHIP or both; or
(B) persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice.
(c) For applicants who first establish eligibility for the program on or after September 1, 2023, a mental health professional must:
(1) agree to provide three consecutive years of eligible service in a Mental Health Professional Shortage Area, with the understanding that the professional will be released from the agreement if funding for continued loan repayment is not appropriated; and
(2) agree to provide mental health services to:
(A) Individuals enrolled in Medicaid or CHIP or both; or
(B) persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice.
(d) Notwithstanding subsection (c), for applicants who first establish eligibility for the program on or after September 1, 2023, who provide mental health services to patients in state hospitals, individuals receiving community-based mental health services from a local mental health authority, or students enrolled in an eligible district or school, a mental health professional must agree to provide three consecutive years of eligible service as outlined in §23.98 of this subchapter (relating to Eligibility for Disbursement of Loan Repayment Assistance).
§23.97.Selection of Eligible Applicants and Limitations.
(a) Each fiscal year an application deadline will be posted on the program web page.
(b) Not more than 10 percent of the number of repayment assistance grants paid under this subchapter each year may be awarded to mental health professionals providing mental health services to persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice. Applications from these professionals will be selected on a first-come-first-served basis.
(c) Not more than 30 percent of the number of repayment assistance grants paid under this subchapter each fiscal year may be awarded to mental health professionals in any one of the eligible practice specialties, unless excess funds remain available after the 30 percent maximum has been met.
(d) For each practice specialty, applications will be ranked in order of the following priorities:
(1) providers who benefitted from awards the previous year;
(2) providers who sign SLRP [SLFP] contracts;
(3) providers whose employers are located in areas having MHPSA scores that reflect the highest degrees of shortage. If a provider works for an agency located in an MHPSA that has satellite clinics and the provider works in more than one of the clinics, the highest MHPSA score where the provider works shall apply. If a provider travels to make home visits, the provider's agency base location and its MHPSA score shall apply. If a provider works for different employers in multiple MHPSAs having different degrees of shortage, the location having the highest MHPSA score shall apply;
(4) providers in state hospitals;
(5) [(4)] providers whose employers
are located in rural areas, if, in the case of providers serving at
multiple sites, at least 75% of their work hours are spent serving
in those areas; and
(6) [(5)] providers whose applications
were received on the earliest dates.
(e) If funds remain available after loan repayment awards have been reserved for applicants selected according to the criteria stated in subsection (d) of this section, applications will be ranked in order of the following priorities, regardless of the applicant's practice specialty:
(1) providers whose employers are located in areas having MHPSA scores that reflect the highest degrees of shortage. If a provider works for an agency located in an MHPSA that has satellite clinics and the provider works in more than one of the clinics, the highest MHPSA score where the provider works shall apply. If a provider travels to make home visits, the provider's agency base location and its MHPSA score shall apply. If a provider works for different employers in multiple MHPSAs having different degrees of shortage, the location having the highest MHPSA score shall apply;
(2) providers whose employers are located in rural areas, if, in the case of providers serving at multiple sites, at least 75% of their work hours are spent serving in those areas; and
(3) providers whose applications were received on the earliest dates.
(f) If state funds are not sufficient to allow for
maximum award amounts stated in §23.100 [§23.100(2)
and (3)] of this subchapter [title] (relating
to Amount of Repayment Assistance) for all eligible applicants, the
Board staff may adjust in an equitable manner the state-funded
distribution amounts for a fiscal year, in accordance with TEC 61.607(d).
§23.98.Eligibility for Disbursement of Loan Repayment Assistance.
(a) To be eligible to receive loan repayment assistance as a mental health professional who first established eligibility for the program before September 1, 2023, a mental health provider must:
(1) have completed one, two, three, four, or five consecutive years of practice in an MHPSA providing direct patient care to Medicaid enrollees and/or CHIP enrollees, if the practice serves children or persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor; and
(2) after an award is disbursed for a third consecutive year of service, a psychiatrist must have earned certification from the American Board of Psychiatry and Neurology or the American Osteopathic Board of Psychiatry and Neurology to qualify for continued loan repayment assistance.
(b) To be eligible to receive loan repayment assistance as a mental health professional who first established eligibility for the program on or after September 1, 2023, a mental health provider must have completed one, two, or three consecutive years of practice:
(1) in an MHPSA providing direct patient care to Medicaid enrollees and/or CHIP enrollees, if the practice serves children or persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;
(2) providing mental health services to patients in a state hospital; or
(3) to individuals receiving community-based mental health services from a local mental health authority.
(c) Notwithstanding subsection (b), to be eligible to receive loan repayment assistance as a specialist in school psychology as outlined under §23.95(6) of this subchapter (relating to Eligible Practice Specialties), the mental health professional must:
(1) have completed one, two, or three consecutive years of employment in:
(A) a school district which is located partially or completely in a MHPSA;
(B) an open-enrollment charter school located in a MHPSA; or
(C) a Title I school; and
(2) have provided mental health services to students enrolled in that district or school during that time of employment.
§23.99.Eligible Lender and Eligible Education Loan.
(a) The Board staff shall retain the right to determine the eligibility of lenders and holders of education loans to which payments may be made. An eligible lender or holder shall, in general, make or hold education loans made to individuals for purposes of undergraduate, graduate, and professional education of the mental health professional and shall not be any private individual. An eligible lender or holder may be, but is not limited to, a bank, savings and loan association, credit union, institution of higher education, secondary market, governmental agency, or private foundation. A credit card debt is not considered an educational loan eligible for repayment.
(b) To be eligible for repayment, an education loan must:
(1) be evidenced by a promissory note for loans to pay for the cost of attendance for the undergraduate, graduate, or professional education of the individual applying for repayment assistance;
(2) not have been made during residency or to cover costs incurred after completion of graduate or professional education;
(3) not be in default at the time of the professional's application;
(4) not have an existing obligation to provide service for loan forgiveness through another program;
(5) not be subject to repayment through another student loan repayment or loan forgiveness program or as a condition of employment; and
(6) if the loan was consolidated with other loans, the applicant must provide documentation of the portion of the consolidated debt that was originated to pay for the cost of attendance for his or her undergraduate, graduate, or medical education.
§23.100.Amount of Repayment Assistance.
(a) Loan repayment awards will be disbursed
directly to lenders on behalf of eligible mental health professionals.
[and:]
[(1) Repayment assistance for each
year of full-time service will be in an amount determined by applying
the following applicable percentage to the maximum total amount of
assistance allowed for the professional:]
[(A) for the first year, 10 percent;]
[(B) for the second year, 15 percent;]
[(C) for the third year, 20 percent]
[(D) for the fourth year, 25 percent; and]
[(E) for the fifth year, 30 percent.]
[(2) The total amount of state appropriated repayment assistance received by a mental health professional under this subchapter may not exceed:]
[(A) $160,000, for a psychiatrist;]
[(B) $80,000, for:]
[(i) a psychologist;]
[(ii) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work; or]
[(iii) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or]
[(iv) a licensed marriage and family therapist, if the marriage and family therapist had received a doctoral degree related to marriage and family therapy;]
[(C) $60,000, for an advanced practice registered nurse;]
[(D) $40,000, for a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who has not received a doctoral degree related to social work or counseling; and]
[(E) $10,000, for assistance received by a licensed chemical dependency counselor, if the chemical dependency counselor has received an associate degree related to chemical dependency counseling or behavioral science.]
[(3) If a mental health provider's total student loan indebtedness is less than the total amount of repayment assistance allowed for the provider's practice specialty, the annual loan repayment award amounts based on full-time service will be the following percentages of the student loan debt owed at the time of application for enrollment in the program:]
[(4) An eligible professional may receive prorated loan repayment assistance based on the percentage of full-time service provided for each service period, for a minimum of 20 hours per week if employed or contracted by an agency or facility in a mental health professional shortage area for the primary purpose of providing direct mental health services to:]
[(A) Medicaid recipients;]
[(B) CHIP enrollees;]
[(C) persons in facilities operated by or under contract with the Texas Juvenile Justice Department; and/or,]
[(D) persons in facilities operated by or under contract with the Texas Department of Criminal Justice.]
[(5) Failure to meet the program requirements will result in non-payment for the applicable service period(s) and, except under circumstances determined by the Board to constitute good cause, removal from the program.]
(b) Repayment assistance for each year of full-time service for mental health professionals who first established eligibility for the program before September 1, 2023, will be in an amount determined by applying the following applicable percentage to the maximum total amount of assistance allowed for the professional:
(1) for the first year, 10 percent;
(2) for the second year, 15 percent;
(3) for the third year, 20 percent;
(4) for the fourth year, 25 percent; and
(5) for the fifth year, 30 percent.
(c) Repayment assistance for each year of full-time service for mental health professionals who first established eligibility for the program on or after September 1, 2023, will be in an amount determined by applying the following applicable percentage to the maximum total amount of assistance allowed for the professional:
(1) for the first year, 33.33 percent;
(2) for the second year, 33.33 percent; and
(3) for the third year, 33.34 percent.
(d) The total amount of state appropriated repayment assistance received by a mental health professional under this subchapter may not exceed:
(1) $160,000, for a psychiatrist;
(2) $80,000, for:
(A) a psychologist;
(B) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work;
(C) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or
(D) a licensed marriage and family therapist, if the marriage and family therapist had received a doctoral degree related to marriage and family therapy;
(3) $60,000, for an advanced practice registered nurse;
(4) $40,000, for a licensed specialist in school psychology, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who has not received a doctoral degree related to social work or counseling; and
(5) $10,000, for assistance received by a licensed chemical dependency counselor, if the chemical dependency counselor has received an associate degree related to chemical dependency counseling or behavioral science.
(e) If a mental health provider's total student loan indebtedness is less than the total amount of repayment assistance allowed for the provider's practice specialty, the annual loan repayment award amounts based on full-time service will be the following percentages of the student loan debt owed at the time of application for enrollment in the program:
(1) For mental health professionals who first established eligibility for the program before September 1, 2023, amounts are 10% for year one, 15% for year two, 20% for year three, 25% for year four, and 30% for year five.
(2) For mental health professionals who first established eligibility for the program on or after September 1, 2023, amounts are 33.33% for year one, 33.33% for year two, and 33.34% for year three.
(f) An eligible professional may receive prorated loan repayment assistance based on the percentage of full-time service provided for each service period, for a minimum of 20 hours per week.
(g) Failure to meet the program requirements will result in non-payment for the applicable service period(s) and, except under circumstances determined by the Board staff to constitute good cause, removal from the program.
§23.101.Dissemination of Information.
The Board staff shall disseminate information about the Mental Health Professional Education Loan Repayment program to each institution of higher education or private or independent institution of higher education and to any appropriate state agency and professional association.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 13, 2023.
TRD-202303820
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 427-6365
CHAPTER 232. GENERAL CERTIFICATION PROVISIONS
SUBCHAPTER A. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS
The State Board for Educator Certification (SBEC) proposes amendments to 19 Texas Administrative Code (TAC) §232.7 and §232.11, concerning general certification provisions. The proposed amendments would provide minor technical edits to clarify the existing hardship exemption processes established in rule, would implement the statutory requirements of House Bill (HB) 2929, 88th Texas Legislature, Regular Session, 2023, and would update the continuing professional education (CPE) training requirements to remove the limit on certain professional development hours that can be completed by classroom teachers and school counselors every five years for the purposes of standard certificate renewal.
BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 232, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, provide for rules that establish the requirements relating to types and classes of certificates issued, certificate renewal, and CPE.
As a result of the 88th Texas Legislature, Regular Session, 2023, HB 2929 amended TEC, §21.054(d) and (f), and added subsection (d-2), removing limits on the number of hours in certain specific topics that classroom teachers and school counselors can obtain in CPE every five years for purposes of certificate renewal.
Following is a description of the proposed amendments to 19 TAC Chapter 232, Subchapter A.
§232.7. Requirements for Certificate Renewal.
The proposed amendment to 19 TAC §232.7(b) would make a minor technical edit in the cross reference to paragraphs (1)-(4) to separate criteria in paragraphs (1)-(3) specific to hardship exemption requests due to catastrophic illnesses of the educator or family member and military service from criteria in paragraph (4) specific to a hardship exemption request made by a local education agency on behalf of an educator with an inactive standard certificate due to non-compliance with completion of CPE hours to meet certificate renewal requirements.
The proposed amendment to §232.7(b)(5) would add a cross reference to subsection (b)(4) to confirm that a fee is required only for hardship exemption requests specified in paragraph (4).
§232.11. Number and Content of Required Continuing Professional Education Hours.
The proposed amendment to 19 TAC §232.11(d)(3) would remove the limit on CPE hours that can be completed by classroom teachers renewing certificates on or after September 1, 2023. The section would be updated to align with provisions of HB 2929 that allow classroom teachers to complete at least 25 percent of training hours, including e-instruction, in specified topics and to confirm that hours completed beyond the 25 percent minimum can also be utilized for certificate renewal purposes.
The proposed new §232.11(d)(4) would add that CPE training hours on topics described in §232.11(d)(3) in excess of 25 percent will be counted toward a teacher's overall training requirements.
The proposed amendment to §232.11(f)(2) would strike the September 1, 2024 certificate renewal reference and related requirements on CPE hours for school counselors and would update language to specify that school counselors renewing on or after September 1, 2023, must complete at least 25 percent of CPE hours in specified topics, in alignment with provisions of HB 2929.
The proposed amendment to §232.11(f)(3) would strike paragraph (3), which limits the total number of CPE hours that a school counselor can complete in specific topics if renewing on or after September 1, 2024. The information is no longer applicable and/or needed based on clarifications about CPE training hours provided in HB 2929.
The proposed amendment to §232.11 would preserve the discretion for educators in choosing CPE hours while still reminding educators of the significance of these topic areas.
FISCAL IMPACT: Emily Garcia, associate commissioner for educator preparation, certification, and enforcement has determined that, for the first five years the proposed rulemaking would be in effect, there is no additional fiscal impact on state and local governments and that there are no additional costs to entities required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.
GOVERNMENT GROWTH IMPACT: The Texas Education Agency (TEA) staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, the proposal would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, repeal, or limit an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: Ms. Garcia has determined that for the first five years that the rule will be in effect that the public benefit anticipated as a result of the proposal would be clear guidance for applicants, educators, school districts, and providers on CPE requirements. The TEA staff has determined there is no anticipated cost to persons required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.
ENVIRONMENTAL IMPACT STATEMENT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period on the proposal begins October 27, 2023, and ends November 27, 2023. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. The SBEC will take registered oral and written comments on the proposal at the December 8, 2023 meeting's public comment period in accordance with the SBEC board operating policies and procedures.
STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §21.003(a), which states a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public-school educators; TEC, §21.041(b)(1)-(4), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(7)-(8), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code (TGC), Chapter 2001, and provide for the adoption, amendment, and enforcement of an educator's code of ethics; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.054, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; TEC, §21.0541, which requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator (AED); and TEC, §21.0543, which requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction; and Texas Occupations Code (TOC), §55.002, which states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes that the individual failed to renew the license in a timely manner because the individual was serving as a military service member; and TOC, §55.003, which states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)-(4) and (7)-(9); 21.054; 21.0541; and 21.0543; and Texas Occupations Code, §55.002 and §55.003.
§232.7.Requirements for Certificate Renewal.
(a) The Texas Education Agency (TEA) staff shall develop procedures to:
(1) notify educators at least six months prior to the expiration of the renewal period to the email address as specified in §230.91 of this title (relating to Procedures in General);
(2) confirm compliance with all renewal requirements pursuant to this subchapter;
(3) notify educators who are not renewed due to noncompliance with this section; and
(4) verify that educators applying for reactivation of certificate(s) under §232.9 of this title (relating to Inactive Status and Late Renewal) are in compliance with subsection (c) of this section.
(b) The TEA staff shall administratively approve each
hardship exemption request that meets the criteria specified in paragraphs (1) - (3) of this subsection for a hardship exemption due to a catastrophic
illness or military service or paragraph (4) [(1)-(4)]
of this subsection for a hardship exemption requested by a local
education agency.
(1) A hardship exemption must be due to one of the following circumstances that prevented the educator's completion of renewal requirements:
(A) catastrophic illness or injury of the educator;
(B) catastrophic illness or injury of an immediate family member; or
(C) military service of the educator.
(2) The request for a hardship exemption must include documentation from a licensed physician or verified military records.
(3) The request for the amount of time allowed for renewal is equal to:
(A) the amount of time that a licensed physician determined that the educator was not able to complete renewal requirements due to the educator's catastrophic illness or injury; or
(B) the amount of time that a licensed physician determined that the educator was not able to complete renewal requirements due to the catastrophic illness or injury of an immediate family member; or
(C) two years of additional time for a military service member, in accordance with the Texas Occupations Code, §55.003.
(4) A hardship exemption may be approved for a local education agency on behalf of an educator who has an invalid certificate due to lack of earning the required continuing professional education (CPE) hours as prescribed in §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours). The hardship exemption is valid for the academic year of the application and may be renewed up to one additional academic year, provided that the superintendent or designee of the local education agency requests the extension.
(5) If a hardship exemption request, as described in paragraph (4) of this subsection, is approved, the educator must pay the appropriate renewal fee, pursuant to §230.101 of this title (relating to Schedule of Fees for Certification Services).
(c) To be eligible for renewal, an educator must:
(1) subject to §232.16(c) of this title (relating to Verification of Renewal Requirements), satisfy CPE requirements, pursuant to §232.11 of this title;
(2) hold a valid standard certificate that is not currently suspended and has not been surrendered in lieu of revocation or revoked by lawful authority;
(3) not be a respondent in a disciplinary proceeding under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases);
(4) be in compliance with all terms of any orders of the State Board for Educator Certification resulting from a disciplinary proceeding against the educator under Chapter 249 of this title;
(5) successfully resolve any reported criminal history, as defined by §249.3 of this title (relating to Definitions);
(6) not be in arrears of child support, pursuant to the Texas Family Code, Chapter 232;
(7) pay the renewal fee, provided in §230.101 of this title, which shall be a single fee regardless of the number of certificates being renewed; and
(8) submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code, §22.0831.
(d) The TEA staff shall renew the certificate(s) of an educator who meets all requirements of this subchapter.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 16, 2023.
TRD-202303839
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §21.003(a), which states a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public-school educators; TEC, §21.041(b)(1)-(4), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(7)-(8), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code (TGC), Chapter 2001, and provide for the adoption, amendment, and enforcement of an educator's code of ethics; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.054, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; TEC, §21.054(d), as amended by House Bill (HB) 2929, 88th Texas Legislature, Regular Session, 2023, which specifies that subject to subsection (d-2), continuing education requirements for a classroom teacher may not require that more than 25 percent of the training required every five years include instruction in specified topics; TEC, §21.054(d-2), as added by HB 2929, 88th Texas Legislature, Regular Session, 2023, which specifies that training in a topic of instruction described by subsection (d) attended by a classroom teacher in excess of an amount of hours equal to 25 percent of the training required of the teacher every five years shall be counted towards the teacher's overall training requirements; TEC, §21.054(f), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023, which specifies that continuing education requirements for a counselor must provide that at least 25 percent of training required every five years include instruction in specified topics; TEC, §21.0541, which requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator (AED); TEC, §21.0543, which requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction; and TEC, §22.0831(f), which states SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements; and Texas Occupations Code (TOC), §55.002, which states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes that the individual failed to renew the license in a timely manner because the individual was serving as a military service member; and TOC, §55.003, which states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)-(4) and (7)-(9); 21.054; 21.054(d), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023; 21.054(d-2), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023; 21.054(f), as amended by HB 2929, 88th Texas Legislature, Regular Session; 2023; 21.0541; 21.0543; and 22.0831(f); and TOC, §55.002 and §55.003.
§232.11.Number and Content of Required Continuing Professional Education Hours.
(a) The appropriate number of clock-hours of continuing professional education (CPE) must be completed during each five-year renewal period.
(b) One semester credit hour earned at an accredited institution of higher education is equivalent to 15 CPE clock-hours.
(c) Required Content.
(1) All educators must receive CPE training regarding educating students with disabilities. This training must include information particular to educating students with dyslexia.
(2) Other than hours earned to comply with subsections (d), (e), (f), (g), and (k) of this section, professional development activities shall be related to the certificate(s) being renewed and focus on the standards required for issuance of the certificate(s), including:
(A) content area knowledge and skills; and
(B) professional ethics and standards of conduct.
(d) Classroom Teacher.
(1) Classroom teacher certificate holders shall complete 150 clock-hours.
(2) A classroom teacher who renews a certificate prior to September 1, 2023, must attain some hours of CPE that includes training directly related to each of the following topics and may include two or more listed topics combined:
(A) collecting and analyzing information that will improve effectiveness in the classroom;
(B) recognizing early warning indicators that a student may be at risk of dropping out of school;
(C) digital learning, digital teaching, and integrating technology into classroom instruction;
(D) educating diverse student populations, including:
(i) students who are educationally disadvantaged; and
(ii) students at risk of dropping out of school; and
(E) understanding appropriate relationships, boundaries, and communications between educators and students.
(3) Subject to paragraph (4) of this subsection, [For] a classroom teacher who renews a certificate on or after
September 1, 2023, may not be required to obtain more than 25
percent [not more than 37.5 hours] of CPE training hours, including e-instruction [shall include instruction]
in [,] and [must be] directly related to, each
of the following topics , which[and] may include
two or more listed topics combined:
(A) collecting and analyzing information that will improve effectiveness in the classroom;
(B) recognizing early warning indicators that a student may be at risk of dropping out of school;
(C) digital learning, digital teaching, and integrating technology into classroom instruction;
(D) educating diverse student populations, including:
(i) students who are educationally disadvantaged; and
(ii) students at risk of dropping out of school; and
(E) understanding appropriate relationships, boundaries, and communications between educators and students.
(4) Training in a topic of instruction described by paragraph (3) of this subsection obtained by a classroom teacher in excess of an amount of hours equal to 25 percent of CPE training hours shall be counted toward the teacher's overall training requirements.
(e) Principal and Principal as Instructional Leader.
(1) Principal and Principal as Instructional Leader certificate holders shall complete 200 clock-hours.
(2) A principal and principal as instructional leader who renews a certificate prior to September 1, 2023, must attain some hours of CPE that include training directly related to each of the following topics:
(A) effective and efficient management, including:
(i) collecting and analyzing information;
(ii) making decisions and managing time; and
(iii) supervising student discipline and managing behavior;
(B) recognizing early warning indicators that a student may be at risk of dropping out of school;
(C) digital learning, digital teaching, and integrating technology into campus curriculum and instruction;
(D) effective implementation of the Texas Model for
Comprehensive School Counseling Programs under Texas Education
Code (TEC) [TEC], §33.005;
(E) mental health programs addressing a mental health condition;
(F) educating diverse student populations, including:
(i) students who are educationally disadvantaged;
(ii) emergent bilingual students; and
(iii) students at risk of dropping out of school; and
(G) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under Texas Penal Code, §21.12, or for which reporting is required under TEC, §21.006.
(3) For a principal and principal as instructional leader who renews a certificate on or after September 1, 2023, not more than 50 hours of CPE training shall include instruction in, and must be directly related to, each of the following topics and may include two or more listed topics combined:
(A) effective and efficient management, including:
(i) collecting and analyzing information;
(ii) making decisions and managing time; and
(iii) supervising student discipline and managing behavior;
(B) recognizing early warning indicators that a student may be at risk of dropping out of school;
(C) digital learning, digital teaching, and integrating technology into campus curriculum and instruction;
(D) effective implementation of the Texas Model for Comprehensive School Counseling Programs under TEC, §33.005;
(E) mental health programs addressing a mental health condition;
(F) educating diverse student populations, including:
(i) students who are educationally disadvantaged;
(ii) emergent bilingual students; and
(iii) students at risk of dropping out of school; and
(G) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under Texas Penal Code, §21.12, or for which reporting is required under TEC, §21.006.
(f) School Counselor.
(1) School Counselor certificate holders shall complete 200 clock-hours.
(2) A school counselor who renews a certificate on
or after September 1, 2023, [prior to September 1, 2024,]
must attain at least 25 percent [some hours]
of CPE hours that includes training directly related to each
of the following five topics [that include]:
(A) assisting students in developing high school graduation plans;
(B) implementing dropout prevention strategies;
(C) informing students concerning:
(i) college admissions, including college financial aid resources and application procedures; and
(ii) career opportunities;
(D) counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and
(E) effective implementation of the Texas Model for Comprehensive School Counseling Programs under TEC, §33.005.
[(3) For a school counselor who renews
a certificate on or after September 1, 2024, not more than 50 hours
of CPE training shall include instruction in, and must be directly
related to, each of the following topics and may include two or more
listed topics combined:]
[(A) assisting students in developing high school graduation plans;]
[(B) implementing dropout prevention strategies;]
[(C) informing students concerning:]
[(i) college admissions, including college financial aid resources and application procedures; and]
[(ii) career opportunities;]
[(D) counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and]
[(E) effective implementation of the Texas Model for Comprehensive School Counseling Programs under TEC, §33.005.]
(g) Superintendent.
(1) Superintendent certificate holders shall complete 200 clock-hours.
(2) An individual who holds a superintendent certificate that is renewed on or after January 1, 2021, must complete at least 2.5 hours of training every five years on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children, in accordance with TEC, §21.054(h). For purposes of this subsection, "other maltreatment" has the meaning assigned by Human Resources Code, §42.002.
(h) School Librarian and Learning Resources Specialist certificate holders shall complete 200 clock-hours.
(i) Educational Diagnostician certificate holders shall complete 200 clock-hours.
(j) Reading Specialist certificate holders shall complete 200 clock-hours.
(k) The required CPE for educators who teach students with dyslexia must include training regarding new research and practices in educating students with dyslexia. The required training may be satisfied through an online course approved by Texas Education Agency staff.
(l) Professional development activities may include:
(1) an evidence-based mental health first aid training program or an evidence-based grief-informed and trauma-informed care program that is offered through a classroom instruction format that requires in-person attendance. A person receiving this training will receive twice the number of hours of instruction provided under that program, not to exceed 16 hours;
(2) suicide prevention training that meets the guidelines for suicide prevention training approved under the TEC, §21.451;
(3) an instructional course on the use of an automated external defibrillator in accordance with the guidelines established by the device's manufacturer and approved by the American Heart Association, the American Red Cross, other nationally recognized associations, or the medical director of a local emergency medical services provider, in accordance with the TEC, §21.0541;
(4) education courses that:
(A) use technology to increase the educator's digital literacy; and
(B) assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices;
(5) educating students with mental health conditions, including how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma;
(6) for classroom teachers, educating emergent bilingual students; and
(7) educating students who engage in substance abuse.
(m) An educator holding multiple classes of certificates shall complete the higher number of required CPE clock-hours in the classes held during each five-year renewal period unless otherwise specified in applicable State Board for Educator Certification rules codified in the Texas Administrative Code, Title 19, Part 7.
(n) An educator eligible to renew multiple classes of certificates issued during the same renewal period may satisfy the requirements for any class of certificate issued for less than the full five-year period by completing a prorated number of the required CPE clock-hours. Educators must complete a minimum of one-fifth of the additional CPE clock-hours for each full calendar year that the additional class of certificate is valid.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 16, 2023.
TRD-202303840
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 475-1497
19 TAC §§234.1, 234.3, 234.5, 234.6, 234.9, 234.11
The State Board for Educator Certification (SBEC) proposes amendments to 19 Texas Administrative Code (TAC) §§234.1, 234.3, 234.5, and 234.6 and new §234.9 and §234.11, concerning military service members, military spouses, and military veterans. The proposed revisions would implement Senate Bills (SBs) 422 and 544 and House Bill (HB) 621, 88th Texas Legislature, Regular Session, 2023. The proposed revisions would add military service members as being eligible to receive several of the provisions in place for military spouses; would add provisions to issue a three-year temporary certificate to eligible military veterans, peace officers, fire protection personnel, and emergency medical services personnel; and would also add provisions for the issuance of a one-year temporary certificate to certain instructors for the Community College of the Air Force.
BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 234 consolidate all military-related provisions into one chapter for all members of the military community (i.e., military service members, military spouses, and military veterans).
The proposed revisions to 19 TAC Chapter 234 would implement SBs 422 and 544 and HB 621, 88th Texas Legislature, Regular Session, 2023. Following is a description of the proposed revisions.
§234.1. Purpose.
The proposed amendment to 19 TAC §234.1 would create a new subsection (b) that adds peace officers, fire protection personnel, emergency medical services personnel, and qualified instructors for the Community College of the Air Force to these provisions usually dedicated to members of the military community (i.e., military service members, military spouses, and military veterans). The proposed change would implement legislation passed during the 88th Texas Legislature Regular Session, 2023, in a more streamlined manner by placing all the statutory provisions into one SBEC rule chapter. Proposed new subsection (c) would be relettered accordingly.
§234.3. Definitions.
The proposed amendment to 19 TAC §234.3 would expand the section by adding the definitions of the following additional eight terms: permanent change of station order, review of credentials, peace officer, fire protection personnel, emergency medical services personnel, Texas Education Agency (TEA) staff, license, and state agency. These definitions are being added to align with provisions in legislation and to offer further clarity in the review and processing of requests from members of the military community and additional groups identified in the most recent legislation passed (e.g., peace officer, fire protection personnel, emergency medical services personnel).
§234.5. Certification of Military Service Members, Military Spouses, and Military Veterans.
The proposed amendment to 19 TAC §234.5(a) would strike the language "as soon as practicable" to replace it with "within 30 days of receipt of a complete application" to align with specifications in SB 422 that emphasize the importance of timely review and processing of certification applications submitted by members of the military community.
The proposed amendment to §234.5(b) would add military service members and military veterans to the three-year certificate issuance provisions referenced in this section that are already in place for military spouses following completion of a successful review of out of state credentials.
Proposed new §234.5(f) would implement provisions from SB 422 to allow a military service member to be issued a three-year temporary certificate upon successful completion of a credentials review or to declare his or her intent to teach in Texas up to three years maximum on a license issued by another state department of education following TEA's review of his or her credentials and written confirmation of approval. These proposed changes mirror provisions reflected in §234.5(d) and §234.5(e) and established for military spouses in previous legislative sessions.
Proposed relettered §234.5(g) would add military spouses to the provisions already in rule, and the subsequent subsections would be relettered, with no additional changes to the rule text.
Proposed new §234.5(m) would be added to reference applicability of the permanent change of station order as an acceptable document that can be submitted by members of the military community to establish residency requirements as applicable for certificate issuance and to serve as an acceptable form of identification to approve the military-related fee exemptions and other established provisions for members of the military community.
§234.6. Review of Credentials and Issuance of Licensure to Military Service Members, Military Spouses, and Military Veterans.
The proposed amendment to 19 TAC §234.6(b)(1) would add clarification that a military service member is eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed. The proposed amendment would also confirm that completion of a criminal background check is also required prior to certificate issuance.
The proposed amendment to §234.6(b)(2)(C) would add clarification that military spouses are eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed.
The proposed amendment to §234.6(b)(3) would add clarification that military veterans are eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed. The proposed amendment also confirms that completion of a criminal background check is also required prior to certificate issuance.
Proposed new §234.6(c) would implement a provision in SB 422 to clarify that a change in the marital status of a military spouse would not impact his or her right to utilize provisions specified in §234.6(b)(2)(A) and (B).
§234.9. Certification of Military Veterans, Peace Officers, Fire Protection Personnel, and Emergency Medical Services Personnel.
Proposed new 19 TAC §234.9(a)-(c) would implement provisions of HB 621, 88th Texas Legislature, Regular Session, 2023, to identify military veterans, peace officers, fire protection personnel, and emergency medical services personnel as the population of individuals eligible to receive the three-year temporary certificate and would establish the requirements for certificate issuance.
Proposed new §234.9(d) would provide guidance on the process to obtain a Texas standard certificate following expiration of the three-year temporary certificate.
§234.11. Certification of Full-Time Instructors for the Community College of the Air Force.
Proposed new 19 TAC §234.11(a) and (b) would implement provisions of SB 544, 88th Texas Legislature, Regular Session, 2023, to identify full-time instructors of the Community College of the Air Force as the population of individuals eligible to receive the one-year temporary certificate and would establish the requirements for certificate issuance. Proposed new §234.11(c) would provide guidance on the process to obtain a Texas standard certificate following expiration of the one-year temporary certificate.
Technical edits were made where applicable in the proposal to align the singularity of the terms military service member, military spouse, and military veteran.
FISCAL IMPACT: Emily Garcia, associate commissioner for educator preparation, certification, and enforcement has determined that, for the first five years the proposed rulemaking would be in effect, there is no additional fiscal impact on state and local governments and that there are no additional costs to entities required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.
GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would increase the number of individuals subject to the rule's applicability because it would add military service members to some of the provisions already in place for military spouses, would add military veterans, peace officers, fire protection personnel, and emergency medical services personnel to the list of individuals eligible to receive a new, temporary three-year certificate created by the 88th Texas Legislature, Regular Session, 2023, to teach career and technology courses and would add full-time instructors for the Community College of the Air Force to the list of individuals eligible to receive a new temporary, one-year certificate, also created by the legislation. The proposed rulemaking would also create a new regulation by adding sections to these rules to comply with legislation and effectively implement the bills, and it would expand an existing regulation by adding to the population of individuals eligible to obtain certification and benefit from provisions specified in legislation.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not limit or repeal an existing regulation; would not decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: Ms. Garcia has determined that for the first five years that the rule will be in effect the public benefit anticipated as a result of the proposal would be continued support to members of the military community who seek to become educators in Texas and the creation of additional certification pathways for military veterans, peace officers, fire protection personnel, emergency medical services personnel, and full-time instructors for the Community College of the Air Force. There is no anticipated cost to persons who are required to comply with the proposal, unless the TEA staff is unable to qualify them for military-fee exemption provisions already established in rule by past legislation. Any individuals not eligible for the military-fee exemption provisions would be subject to the costs already established and applicable to anyone interested in pursuing teacher certification in Texas.
DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.
ENVIRONMENTAL IMPACT STATEMENT: The proposal does not require an environmental impact analysis because the revisions are not major environmental rules under TGC, §2001.0225.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period on the proposal begins October 27, 2023, and ends November 27, 2023. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. The SBEC will take registered oral and written comments on the proposal at the December 8, 2023 meeting's public comment period in accordance with the SBEC board operating policies and procedures.
STATUTORY AUTHORITY. The amendments and new sections are proposed under Texas Education Code (TEC), §21.041(b)(2), which requires the State Board for Educator Certification (SBEC) to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.044(a), which requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; TEC, §21.0444, as added by House Bill (HB) 621, 88th Texas Legislature, Regular Session, 2023, which creates a temporary certification to teach career and technology education for certain military service members and first responders and requires the SBEC to propose rules for certificate issuance; TEC, §21.052(b-1), which requires the SBEC to propose rules to establish procedures to establish residency and expedite processing of certification applications submitted by a military veteran or military spouse; TEC, §21.052(c), which states the SBEC can specify the term of a temporary certificate issued under this subsection; TEC, §21.052(d-1), which requires the SBEC to issue a three-year temporary certificate to eligible military spouses of active-duty service members; TEC, §21.052(f), which requires the SBEC to maintain an Internet website that outlines the procedures for military community members to obtain certification in Texas; TEC, §21.052(i), which defines active-duty service, lists the branches of the United States armed forces, and confirms the members of the military community eligible for processes established to certify educators from outside the state; TEC, §21.0525, as added by Senate Bill (SB) 544, 88th Texas Legislature, Regular Session, 2023, which creates a temporary teaching certificate for certain persons with experience as instructors for the Community College of the Air Force and requires the SBEC to propose rules for certificate issuance; TEC, §21.054, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; and TEC, §21.458(a-2), as added by HB 621, 88th Texas Legislature, Regular Session, 2023, which specifies that a school district shall assign a mentor teacher to a classroom teacher who has been issued a temporary certificate to teach career and technology education under TEC, §21.0444, for at least two years; and Texas Occupations Code (TOC), §55.001, which defines key terms and identifies the individuals relevant to the processing and support of members of the military community; TOC, §55.002, which provides clarification and guidelines for implementing fee exemptions for members of the military community; TOC, §55.003, which states military service members are eligible to receive a two-year extension of time to complete requirements for license renewal; TOC, §55.004(a)-(c), which requires state agencies to adopt rules for issuance of licensure to members of the military community and provides alternatives to become eligible for licensure; TOC, §55.004(d), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, which requires state agencies to adopt rules to allow military service members to use the same options as military spouses to meet the residency and other state-specific requirements for licensure; TOC, §55.0041, as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, which updates the section title to add military service members and include them in all related provisions addressed by this section; TOC, §55.005(a), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, which specifies that a state agency that issues a license must do so no later than 30 days following the date that a military service member, military veteran, or military spouse applies for licensure; TOC, §55.005(b), which requires that a license issued under §55.005 confers the same rights, privileges, and responsibilities as a license not issued under §55.005; TOC, §55.006, which requires state agencies to determine renewal requirements for expedited licenses issued to members of the military community; TOC, §55.007, which provides state agencies authority to credit verified military service, training, or education toward licensing requirements; TOC, §55.008, which authorizes state agencies to credit verified relevant military service, training, or education relevant to the occupation toward the apprenticeship requirements for licensure; TOC, §55.009, which confirms state agencies that issue licensure shall waive license application and examination fees paid to the state for applicable members of the military community; and TOC, §55.010, which requires state agencies to prominently post notification of licensure provisions for military service members, military veterans, and military spouses on the home page of the agency's website.
CROSS REFERENCE TO STATUTE. The amendments and new sections implement Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a); 21.0444, as added by HB 621, 88th Texas Legislature, Regular Session, 2023; 21.052(b-1), (c), (d-1), (f), and (i); 21.0525, as added by SB 544, 88th Texas Legislature, Regular Session, 2023; 21.054; and 21.458(a-2), as added by HB 621, 88th Texas Legislature, Regular Session, 2023; and Texas Occupations Code (TOC), §§55.001; 55.002; 55.003; 55.004(a)-(c); 55.004(d), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.0041, as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(a), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(b); 55.006; 55.007; 55.008; 55.009; and 55.010.
§234.1.Purpose.
(a) The purpose of identifying military service members, military spouses, and military veterans is to establish a process to count applicable military service for timely admission into educator preparation programs, expedite the completion of certification credential reviews, support certification examination and licensure application fee exemptions as applicable, and support certification renewal of members of the military community.
(b) Effective September 1, 2023, in support of legislation passed by the 88th Texas Legislature, Regular Session, 2023, this chapter has been updated to include military veterans, peace officers, fire protection personnel, emergency medical services personnel, who meet the qualifications outlined in this chapter to be issued a three-year temporary certificate to be placed in a career and technology education assignment, and to include qualified instructors for the Community College of the Air Force to be issued a one-year temporary certificate upon enrollment in a Texas-approved educator preparation program.
(c) [(b)] In the event of conflict
with any other rule in the Texas Administrative Code, Title 19, Part
7, this chapter shall supersede with regard to the certification of
military service members, military spouses, and military veterans.
§234.3.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Military service member--A person who is on active duty.
(2) Military spouse--A person who is married to a military service member.
(3) Military veteran--A person who has served on active duty and who was discharged or released from active duty.
(4) Active duty--Current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by the Texas Government Code (TGC), §437.001, or similar military service of another state.
(5) Armed forces of the United States--The army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.
(6) Permanent change of station order--United States armed forces active duty member document ordering a permanent change of station.
(7) Texas Education Agency staff--an employee of the Texas Education Agency (TEA) who performs administrative functions on behalf of the State Board for Educator Certification.
(8) Review of credentials--the licensure process completed by TEA staff for individuals certified to teach in other states or countries as specified in Chapter 230, Subchapter H, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).
(9) Peace officer--as defined by Texas Code of Criminal Procedure, Article 2.12.
(10) Fire protection personnel--as defined by TGC, §419.021.
(11) Emergency medical services personnel--as defined by Health and Safety Code, §773.003.
(12) License--a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business, occupation, or profession.
(13) State agency--a department, board, bureau, commission, committee, division, office, council, or agency of the state.
§234.5.Certification of Military Service Members, Military Spouses, and Military Veterans.
(a) The application for certification of a military
service member, military veteran, or military spouse, including an
application based upon certification by a jurisdiction other than
Texas that has certification requirements substantially similar to
the Texas certification requirements, shall be processed within
30 days of receipt of a complete application [as soon as
practicable].
(b) As soon as practicable after the issuance of a
one-year certificate, Texas Education Agency (TEA) staff shall notify a military service member, a military spouse, and a military veteran,
in writing or by email, [a military spouse] of the requirements
for obtaining a standard Texas certificate.
(c) A military spouse who has been issued a one-year certificate prior to September 1, 2017, under the provisions of this chapter, is eligible for two additional years from the date of issuance, not to exceed a total of three years maximum, to align with provisions for a military spouse referenced in subsection (d) of this section.
(d) Effective September 1, 2017, a military spouse shall be issued a three-year temporary certificate upon completion of the review of credentials.
(e) Effective December 1, 2019, prior to beginning employment, a military spouse must declare his or her intent to teach in Texas with a license issued by another state department of education, by submitting an application and required documents for a review of credentials to the TEA and by completing the criminal background check. TEA staff must provide approval for the military spouse to teach in Texas a maximum of three years with credentials issued by another state.
(f) Effective December 1, 2023, a military service member shall be issued a three-year temporary certificate upon completion of the review of credentials, or, prior to beginning employment, a military service member must declare his or her intent to teach in Texas with a license issued by another state department of education, by submitting an application and required documents for a review of credentials to the TEA and completing the criminal background check. TEA staff must provide approval for the military service member to teach in Texas a maximum of three years with credentials issued by another state.
(g) [(f)] A military service
member, [or] a military veteran , or a military spouse shall
be entitled to credit verified military service, training, clinical
and professional experience, or education toward the training, education,
work experience, or related requirements (other than certification
examinations) for educator certification. TEA staff and educator preparation
programs (EPPs) shall use information from the U.S. Department of
Veterans Affairs or other reliable sources to assist in crediting
applicable military service, training, or education to certification requirements.
(h) [(g)] A military service
member pursuing certification in career and technical education must
meet requirements for the certificate, but for career and technical
education certificate areas requiring experience and licensure, the
military service member shall be entitled to substitute military experience
in the trade for the required license or professional credential for
the specific trade.
(i) [(h)] A military service
member, military spouse, and military veteran shall complete educator
examination requirements for certificate issuance as outlined in Texas
Education Code, Chapter 21, Subchapter B, and rules in the Texas Administrative
Code, Title 19, Part 7, or qualify for an exemption from required
Texas examinations through provisions in §152.1001 of Part 2
of this title (relating to Exceptions to Examination Requirements
for Individuals Certified Outside the State).
(j) [(i)] A military [Military] service member [members] and a
military veteran [veterans] are exempt
from certification application fees that are paid to the state that
lead to initial certification. These members of the military community
are exempt from paying the portion of the examination registration
fee that is paid to the TEA.
(k) [(j)] A military [Military] service member [members] and a
military veteran [veterans] are exempt
from certification application fees that are paid to the state that
lead to initial certification resulting from a review of credentials,
one-year certificate, or out-of-state standard certificate. These
members of the military community are exempt from paying the portion
of the examination registration fee that is paid to the TEA.
(l) [(k)] A military spouse
is [Military spouses are] exempt from certification
application fees that are paid to the state that lead to initial certification
resulting from a review of credentials, three-year temporary certificate,
or out-of-state standard certificate. This member [These
members] of the military community is [are]
exempt from paying the portion of the examination registration fee
that is paid to the TEA.
(m) As applicable to meet residency requirements and establish acceptable identification for military-related fee exemption and other provisions, a military service member, military spouse, or military veteran can submit a copy of the permanent change of station order for the military service member, military spouse, or military veteran.
§234.6.Review of Credentials and Issuance of Licensure to Military Service Members, Military Spouses, and Military Veterans.
(a) To complete a review of credentials leading to
issuance of licensure in Texas, each military service member
[members], military veteran [veterans],
or military spouse [spouses] must submit an
application for review of credentials, copies of standard certificates
issued in the other state(s), and official transcripts showing degree(s)
conferred and date(s).
(b) Upon completion of the review, the Texas Education Agency (TEA) will notify each military service member, military veteran, or military spouse, as specified in paragraphs (1) - (3) of this subsection, to provide results of the licensure review and information on next steps in the licensure process as follows.
(1) A military [Military] service member [members] will receive written results of
the credentials review and be issued the Texas standard certificate
that aligns with certificate areas issued in other states following
confirmation of exemption from or successful completion of required
examinations and completion of a criminal background check.
(2) A military spouse [Military spouses]
will receive written results of the credentials review and have the
following three options to teach in Texas with:
(A) the license issued by another state department of education, confirmed by TEA to be in good standing;
(B) the Texas temporary three-year certificate already available under provisions in §234.5(d) of this title (relating to Certification of Military Service Members, Military Spouses, and Military Veterans); and
(C) the Texas standard certificate eligible for issuance immediately following a successful review of credentials by TEA , confirmation of exemption from or successful completion of required examinations, and completion of a criminal background check.
(3) A military veteran [Military veterans]
will receive written results of the credentials review and be issued
the Texas standard certificate that aligns with certificate areas
issued in other states following confirmation of exemption from
or successful completion of required examinations and completion of
a criminal background check.
(c) A change in the marital status of a military spouse does not impact the provisions specified in subsection (b)(2)(A) and (B) of this section.
§234.9.Certification of Military Veterans, Peace Officers, Fire Protection Personnel, and Emergency Medical Services Personnel.
(a) Effective September 1, 2023, military veterans, peace officers, fire protection personnel, and emergency medical services personnel as defined in §234.3 of this title (relating to Definitions) shall be issued a one-time, nonrenewable, three-year temporary certificate for career and technology education if they meet the following:
(1) has served in the armed forces of the United States and was honorably discharged, retired, or released from active duty; or
(2) has served as a first responder and, while in good standing not because of pending or final disciplinary actions or a documented performance problem, retired, resigned, or separated from employment as a first responder; and
(A) has an associate degree from an accredited institution of higher education and 48 months of active duty military service or service as a first responder; or
(B) a bachelor's degree, which includes 60 semester credit hours completed at a public or private institution of higher education with a minimum grade point average of at least 2.50 on a four-point scale and military service or service as a first responder.
(b) A school district shall assign a mentor teacher to a classroom teacher who has been issued a temporary certificate to teach career and technology education under Texas Education Code (TEC), §21.0444, for at least two school years. A teacher assigned as a mentor must:
(1) to the extent practicable, teach in the same school;
(2) to the extent practicable, teach the same subject or grade level, as applicable; and
(3) meet the qualifications prescribed by commissioner of education rules adopted under TEC, §21.458(b), or §153.1011 of Part 2 of this title (relating to Mentor Program Allotment).
(c) An individual who meets the qualifications specified in subsection (a) of this section and who is interested in obtaining the three-year, nonrenewable temporary certificate, may submit the following items to the Texas Education Agency staff:
(1) a completed application;
(2) verification of military veteran status or licensure as a peace officer, fire protection services personnel, or emergency medical services personnel; and
(3) an official transcript showing degree conferred and conferral date, or successful completion of college coursework.
(d) A military veteran, peace officer, fire protection personnel, and emergency services personnel must enroll in a Texas-approved educator preparation program to complete requirements for issuance of the standard certificate.
§234.11.Certification of Full-Time Instructors for the Community College of the Air Force.
(a) Effective September 1, 2023, a one-year, temporary certificate may be issued to an individual who served as a full-time instructor for the Community College of the Airforce if he or she meets the following:
(1) holds a bachelor's degree as defined in §227.10 of this title (relating to Admission Criteria);
(2) has at least two semesters' experience as a full-time instructor for the Community College of the Air Force; and
(3) is currently enrolled in a Texas-approved educator preparation program.
(b) An individual who meets the qualifications specified in subsection (a) of this section and is interested in obtaining the one-year temporary certificate, may submit the following items to the Texas Education Agency (TEA) staff:
(1) a completed application;
(2) a copy of credentials to serve as an instructor for the Community College of the Air Force;
(3) an official transcript showing degree conferred and conferral date; and
(4) verification of at least two semesters' experience as a full-time instructor for the Community College of the Air Force.
(c) A qualified instructor for the Community College of the Air Force must take and pass all required examinations identified by TEA staff during the review of credentials and must complete any additional requirements specified for issuance of the standard certificate.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 16, 2023.
TRD-202303842
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Earliest possible date of adoption: November 26, 2023
For further information, please call: (512) 475-1497